KARAN ASSOCIATES Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) This appeal is directed against the order of the CESTAT dated 15/2/2008. According to the appellant, following questions of law arise out of the order of the Tribunal dated 15/2/2008:-

(2.) In this case, the appellant had imported electronic parts, integrated circuits and regulators in the year 2003 and had filed a bill of entry for clearance of the said goods by computing the duty on the invoice value. The assessing officer assessed the said bill of entry by loading the invoice value. The appellant paid the duty as assessed without any protest and cleared the goods on 30/1 /2003. Thereafter, by a letter dated 11/2/2003 the appellant requested the assessing officer to pass a speaking order giving reasons for enhancing the invoice value. Several reminder letters were sent by the appellant, however, it appears that no speaking order has been passed.

(3.) In the meantime, the appellant filed a refund claim on 10/4/2003 seeking refund of the duty paid on the enhanced value of the imported goods. The refund claim was rejected on the ground that so long as the assessment order holds the field, the refund claim cannot be entertained. Appeal filed against the order rejecting the refund claim was also dismissed by the Commissioner (A). On further appeal, the Tribunal remanded the matter back to the assessing officer for adjudication of the refund claim afresh in the light of the decision of the Tribunal in the case of TELCO Vs. Commissioner of Customs, 2003 158 ELT 640 (Tri-Mum).