VidhiSangh

Supreme Court of India · 18/09/2019

ITC LIMITED versus COMMISSIONER OF CENTRAL EXCISE, KOLKATA IV

[2019] 13 S.C.R. 357 · 2019 INSC 1049

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Summary

Assessees sought refunds of assessed duties without first obtaining modification of the assessments, including self-assessed bills of entry. The Court held that self-assessment is an appealable assessment and that refund proceedings cannot substitute for reassessment or appellate correction. The 2011 customs amendments did not remove this requirement. The contrary High Court judgments were set aside and the refund applications held not maintainable.

Issues

  1. Whether a self-assessed bill of entry was an appealable assessment despite absence of a speaking order or dispute.
  2. Whether refund proceedings could correct an unchanged assessment before or after the 2011 amendments.

Provisions considered

Held

Result

The appeals were disposed of with parties bearing their own costs. The Tribunal orders rejecting refund were upheld, the contrary Delhi and Madras High Court orders set aside, and the refund applications held not maintainable without prior lawful modification of the assessments.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 357.