Case Law Details
Chloride Metals Ltd. Vs Commissioner of Customs (CESTAT Chennai)
Facts- The appellant paid IGST of INR 61,24,785. However, the appellant was not able to get the original documents for taking delivery of the impugned goods. The supplier of the appellant, based at Singapore, became bankrupt and was not in a position to provide the original document. Accordingly, the appellant filed IGST refund application as he didn’t intend to take release of goods.
Meanwhile, M/s. Navam approached the appellant to grant NOC (No Objection Certificate) to enable Navam to take charge of the goods and to mitigate the losses. The IGST paid by the appellant was adjusted and hence the appellant withdrawn the refund claim filed by them.
Later a notice was issued to the appellant proposing penalty under section 114AA alleging attempt to claim undue refund of INR 61,24,785.
Conclusion-Held there is nothing brought out in evidence which attracts the ingredients of section 114AA of the Customs Act, 1962.
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