Custom Act, 1962
28B. Duties collected
from the buyer to be deposited with the Central Government
(1) Notwithstanding
anything to the contrary contained in any order or direction of the Appellate
Tribunal or any court or in any other provision of this Act or the regulations
made there under, every person who has collected any amount from the buyer of
any goods in any manner as representing duty of customs, shall forthwith pay
the amount so collected to the credit of the Central Government.
(2) The amount paid
to the credit of the Central Government under sub-section (1) shall be adjusted
against the duty payable by the person on finalisation of assessment and where
any surplus is left after such adjustment, the amount of such surplus shall
either be credited to the Fund or, as the case may be, refunded to the person
who has borne the incidence of such amount, in accordance with the provisions
of section 27 and the application under that section in such cases shall be
made before the expiry of six months from the date of the public notice to be
issued by the 23[Assistant Commissioner of Customs or Deputy Commissioner of
Customs].