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2015 (11) TMI 878

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..... For the respondent : Shri B. BAlamurugan, AC (AR) ORDER Per: R. Periasami The applicant filed this application for stay of operation of the Commissioner (Appeals) Order dated 30.01.2015. 2. The brief facts of the case are that the appellants were importing construction equipments from their principal associates from Korea, USA and China etc., from 2008 onwards. The AC (SVB) in his review ord .....

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..... ppearing on behalf of the applicant submits that they are importing the goods from their related persons from the year 2008 and AC (SVB) accepted their transaction value in the first OIO No. 7731/2008 dated 04.06.2008. Subsequently, reviewed after three years and accepted the transaction value vide OIO No. 15402/2011 dated 23.03.2011 and again vide OIO 26120/2014 dated 04.06.2014 reviewed the tran .....

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..... the questionnaire within 30 days. He further submits that this is not their case as they have been regularly importing the goods from 2008 onwards and the same has been accepted by the SVB. Hence, he prays for stay of 5% of extra duty deposit. 4. On the other hand, the Ld. AR reiterated the findings of the Commissioner (Appeals). 5. After hearing both the sides and on perusal of the impugned or .....

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..... by the importer, the extra duty deposit will be increased to 5% till the date of receipt of reply by the Department, it should therefore be impressed upon the concerned importers (in the public notice that is issued) to ensure timely replies being sent to the Questionnaire to avoid any higher deposit being insisted." As per the Board's guidelines for extra duty deposit is presently kept at 1%. O .....

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