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2011 (3) TMI 891 - CESTAT, CHENNAIImported goods - Royalty payable - The assesses contention is that the refund amounts represents SVB deposit and not duty, that as per the Circular No.1/98-Cus., dated 01.01.1998, amount of extra deposit presently kept at 5% of the value of the goods and henceforth be reduced to 1% of the value, which clearly shows that the amount paid, which has been claimed by way of refund is only a deposit and that after setting aside of the loading, the provisional assessment of the goods has not been finalised and on finalisation if the amount paid is in excess of the duty finally assessed, the assessees were automatically entitled to a refund, have not been considered by the authorities below - Interests of justice therefore require that the impugned order be set aside and the goods be remitted to the adjudicating authority for fresh decision in the light of the pleas raised by the assessees.
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