Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Limitation Period for Refund Starts from Re-Assessment Date, not Bill of Entry Filing: CESTAT allows Refund u/s
The CESTAT ruled that the limitation period for claiming a refund under Section 27(1B) of the Customs Act begins from the date of re-assessment and not from the date the Bill of Entry was filed. This case involved a dispute where the taxpayer sought a refund based on a re-assessment order, but the authorities denied it, arguing that the claim was time-barred. The tribunal clarified that the re-assessment date is the critical date for calculating the limitation period. This decision will impact numerous customs cases where refunds are sought based on reassessed duty liabilities.