Reg.Apeal against Jurisdixtion Overlaped B/E.

800 views 3 replies

Ji Pranams,


For our company i have filed Refund application form No: 102 to claim Special
Additional duty paid at the time imports to the Chennai Customs dept.

In that total Claim we unknowingly included the Mumbai Customs B/E.
worth of Rs.1.01.595/- T6.Challan paid Date: 27.02.2008.

Since Last date for above B/E.to file in Mumbai was 26.02.2009,
we requested Chennai Cust.Dept.for the return of Mumbai B/E.

But  they told, it is claimed in Chennai Customs refund Dept.& we rejected
on the ground "Jurisdiction Overlap" you should go for Appeal within 60days
by filing CA-1.

kindly suggest me,

1. Is it worthwhile to go for Appeal & at final shall we get refund from Mumbai/Chennai
    Customs Dept.

2. We're not yet filed the Refund appln. (time barred) in mumbai.
    since we are not having the Original  B/E, T6-Challan at our hand.
    (it is Chennai Cust.Dept.)

3. Shall they again look deep over the refund already given vide the above order,
    where the mumbai B/E is rejected.

Kindly guide me to overcome this Situation by your expert knowledge.

Thanking you,
----------------------------------------------------
Regards,

R.K.Elango,
+91-94434 22002.

Replies (3)
Departmental adjudication in Custom, Central Excise & Service Tax is mockery of justice. You will not get anything in departmental appeal. You could have filed the application in mumbai within time. If you file it not, it will be rejected as time barred. If the amount is not very large, forget it. Sometime it is better to forget your claim rather than running from pillar to post in search of justice in department. Be right from your side, dont make mistakes- that is the only way out. Departmental adjudication can improve if the disputes are adjudicated by independent persons, rather than departmental officers. Such demand is being made- support the demand for justice in future.

Very Much Thank Sir,

Your very Practical & Clear.

The Amount is Rs.1,01,585/-.

The amount is not very large. Forget it.

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