Refund of ₹7.98 Cr was allowable to assessee as Customs Duty paid under protest remained in force until explicitly vacated

Commissioner of Customs (Preventive) Vs Raymond Apparel Limited (Calcutta High Court) Conclusion: Assessee was entitled to refund of ₹7.98 crore as once a protest was lodged, it was upon the customs authorities to dispose of it by a speaking, appealable order, failing which, the protest could not be deemed to have lapsed. Held: In the instant case, the issue revolved around whether a refund application under Section 27 of the Customs Act, 1962, would be barred by limitation when the duty was paid under protest. Tribunal held that duty paid under protest tantamount to challenge to the assessm...