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2014 (8) TMI 290 - HC - CustomsDemand of 1% loading of Extra Duty Deposit (EDD) on bills of entry - Held that:- There is a SVB order passed by the Deputy Commissioner of Customs, New Delhi dated 23rd June 2014. In view of the said order, at least prima facie, Respondent Nos.4 and 5 were not justified in loading 1% EDD on the imports made by the Petitioner. In any event and even if we were to hold that the SVB order dated 23rd June 2014 was not a fresh order and there was no renewal of the earlier SVB order dated 21st February 2011, even then, by virtue of the Circular dated 23rd February 2001, and particularly clause 9 thereof, in the facts of the present case, Respondent Nos.4 and 5 were not justified in loading 1% EDD on the imports made by the Petitioner. The said clause categorically states that where the provisional assessment is being resorted to, the investigation and finalization of the assessment must be completed within four months from the date of reply and if no decision is taken within the said period, the extra duty deposit will be discontinued. Even if we assume that the order passed by the Deputy Commissioner, SVB, New Delhi dated 23rd June 2014 does not amount to a fresh SVB order and neither does it renew an earlier SVB order dated 21st February 2011, by virtue of the said circular, no EDD could have been loaded on the imports made by the Petitioner. However, in view of the fact that the Appeal before the CESTAT, Delhi is pending, we do not think it would be a fit case to entitle the Petitioner to clear their imports without in any way securing 1% EDD that is being loaded on their imports. - Petitioner will have to furnish a Bond in favour of the Respondents at the time of clearance to secure the difference between the duty demanded and the Quantum of Extra Duty Deposit. - Decided in favour of assessee.
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