| The Delhi High Court has directed the Customs Department to refund Rs 2.67 crore to Honda Siel Cars India paid by the auto major as excess duty.
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| The court also asked the government to start departmental proceedings against Custom Commissioner (Refund) and Assistant Commissioner (Refund) among others for not refunding the excess duty levied on car company.
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| “Prima facie, it appears that appropriate disciplinary action should be initiated against the concerned defaulting officers,” a Bench comprising Justice Vikramjit Sen and Justice S Murlidhar said.
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| “Additional liability incurred by the department should be recovered from the concerned officers if they fail to furnish a plausible defence,” the bench said. While allowing the application of the company for refund, the court also imposed a fine of Rs 25,000 on the central government.
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| The fine is to be deposited with the Prime Minister’s Relief Fund within four weeks. The order came on a petition filed by the Commissioner of Customs (Import and General) seeking quashing of the order of Settlement Commissioner, Delhi, which had decided in favour of the company and fixed a total duty liability of Rs 32.63 lakh.
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| The company, which had earlier deposited Rs 3 crore during the investigation, contended that the excess amount was not refunded despite several applications to authorities.
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| The court also directed the central government to file a report furnishing details of the action initiated against the officers. |
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