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M/s. Hyundai Motor India Limited Versus Commissioner of Customs (V) , Chennai

2016 (3) TMI 62 - CESTAT CHENNAI

Waiver 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 Commissionerís order on 9-10-2015 and compli .....

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tified. 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 - C/M .....

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mits that in the case of valuation of imported cars and components, the DRI investigation completed and show cause notice dt.30.7.2011 was issued by ADG, DRI and the Commissioner of Customs (V) in his order No.39784 of 2015 dt.15.7.2015 confirmed the differential duty, rejecting the declared value and re-determined the value under Rule 3,4 of CVR 2007 and confirmed the differential duty of ₹ 265,46,81,964/- u/s. 28(2) of Customs Act and also imposed equivalent penalty under section 114A an .....

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May 2011 to till date. He also submits that they have already paid 1% EDD for the period May to June 2013 for ₹ 106.62 Crores. He further submits that the Commissioners order finalized the assessment enhancing the value for the period 2006 to 31/12/2010. 5. They have already submitted all the datas for the subsequent period. After receipt of the Commissioners order, finalizing the provisional sub assessment, the department wants to continue 1% EDD. He also submits that DC SVB vide letter .....

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