TMI Blog1997 (7) TMI 168X X X X Extracts X X X X X X X X Extracts X X X X ..... The additional levy was charged by Customs between October, 1985 to February, 1986. They paid the duty. Subsequently, they realised that recovery or levy of the duty was wrong. Therefore, by application dated 26-2-1997 (sic), they asked for refund. Since the Department has refused to refund, the petitioners have made the instant Petition, claiming writ of mandamus against the department for payme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Limitation Act provides a period of limitation for initiating the proceedings for any recovery of claim in the Court of law. Making of such application for refund of customs duty would not be such a proceeding as envisaged of Limitation Act. As such, the period prescribed under the said Act has no application. Alternatively, the learned Counsel urged before us that the instant petition is with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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