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2016 (3) TMI 62 - AT - CustomsWaiver of pre-deposit of differential duty under Section 129E- Declared value rejected by DRI and revalued confirming the differential duty of ₹ 265,46,81,964/- u/s. 28(2) of Customs Act for the period 2006 to 2010- Appellant complied pre-deposit of ₹ 10 Crores and paid 1% EDD for the period May to June 2013- SVB provisional assessment order for the period May 2011 to till date pending- Held that: the appellant filed the appeal against the Commissioner’s order on 9-10-2015 and complied with pre-deposit of the tax of ₹ 10 Crores u/s.129A. The Commissioner’s order confirming the demand under section 28 is related to the period 2006 to 2010 whereas the pending SVB provisional assessment ordered for the period May 2011 till date. Ordering 1% EDD for future imports is with reference to pendency of appeal before Tribunal. Therefore there is no justification or any valid grounds to stay the operation of the order and the miscellaneous application for stay is liable to be justified. The Principal Commissioner of Customs (Chennai-III) has granted extension of waiver of payment of 1% EDD from 12.10.2015 till 31/12.2015. The order for provisional assessment for the subsequent period and the deposit of 1% EDD for the subsequent imports pending finalization by SVB are independent and not linked with the impugned Order in Original. Therefore we find that DC SVB cannot seek 1% EDD on the grounds of appeal pending against OIO. - Decided partly in favour of assessee
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