Importers Win Refund Claim: CVD Burden Proof Accepted, Limitation Period Correctly Calculated Under Section 27

CESTAT allowed the appellant's refund claim for differential CVD on imported goods. The Tribunal accepted the Chartered Accountant's certificate proving the duty burden was not passed to customers, rejecting the department's contention. The refund claim was filed within the prescribed one-year limitation period under Section 27 of the Customs Act, with the payment date excluded from time calculation. The Tribunal relied on consistent precedents involving similar certificates and imports, finding in favor of the appellant's entitlement to refund under Notification No.12/2012-CE. The appeal was ultimately allowed, granting the requested customs duty refund. .....

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