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2018 (1) TMI 438 - AT - CustomsWhether the appellant is entitled to the benefit of N/N. 29/2004 CE dated 7.4.2004 as amended from time to time for payment of additional duty of custom equivalent to excise duty under Section 3(1) of CTA, 1975 on the imported filament yarn falling under heading 5402.10 of CETA, 1985 and CTA 1975? Held that: - Tribunal in the case of SRF Polymers Ltd. [2017 (10) TMI 159 - CESTAT CHENNAI] had analysed the very same issue, has held that Additional duty of customs, also known as countervailing duty (CVD) is imposed to provide a level playing field for the indigenous goods who have to bear the brunt of local taxes, in particular central excise duty levied on manufacture of identical goods in India. Also, goods imported into India in most cases benefit from export incentives like duty drawback in the concerned country of export. The important factum, however, is that the additional duty of customs has to be equal to the excise duty for the time being leviable. The appellants are not eligible for benefit of N/N. 29/2004 dated 9.7.2004 - Appeal dismissed - decided against appellant.
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