|
|
|
SC sets aside HC order in ITC excise refund case
|
|
|
|
Top Stories |
|
|
|
|
SME Times News Bureau | 19 Sep, 2019
The Supreme Court has upheld the order passed by Customs, Excise, and
Service Tax Appellate Tribunal and set aside the orders passed by the
High Courts of Delhi and Madras in a case pertaining to appeal on excise
duty refunds by ITC Limited.
In a judgement passed on September
18, a bench headed by Justice Arun Mishra and comprising Justices Navin
Sinha and Indira Banerje, ruled that the applications for refund were
not maintainable.
The Supreme Court was examining the question
involved in these appeals whether in the absence of any challenge to the
order of assessment in appeal, any refund application against the
assessed duty can be entertained?
The tribunal had in the case of
ITC Limited opined that unless the order of assessment is appealed, no
refund application against the assessed duty can be entertained.
As
per the Supreme Court judgement, while interpreting provisions
contained in Section 27 of the Act, the Delhi High Court had opined that
when there is no assessment order for being challenged in appeal, which
is passed under Section 27(1)(i) of the Act, because there is no
contest and hence no adversarial assessment order, the cases would be
covered by the provision of Section 27(i) (ii) and refund applications
can be maintained by the assessee even in the absence of filing appeals
against the assessed bill of entry.
The High Court of Madras has opined similarly.
"When
we consider the overall effect of the provisions prior to amendment and
post 'amendment under Finance Act, 2011, we are of the opinion that the
claim for refund cannot be entertained unless the order of assessment
or self-'assessment is modified in accordance with law by taking
recourse to the appropriate proceedings and it would not be within the
ken of Section 27 to set aside the order of self-assessment and reassess
the duty for making refund; and in case any person is aggrieved by any
order which would include self-assessment, he has to get the order
modified under Section 128 or under other relevant provisions of the
Act," the Supreme Court noted.
|
|
|
|
|
|
|
|
|
|
|
|
|
Customs Exchange Rates |
Currency |
Import |
Export |
US Dollar
|
66.20
|
64.50 |
UK Pound
|
87.50
|
84.65 |
Euro
|
78.25
|
75.65 |
Japanese
Yen |
58.85 |
56.85 |
As on 13 Aug, 2022 |
|
|
Daily Poll |
|
|
PM Modi's recent US visit to redefine India-US bilateral relations |
|
|
|
|
|
Commented Stories |
|
|
|
|
|
|
|
|