2011 (3) TMI 891

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.... facts of the case are that the assesses imported "CKD components" during the year 1998 and 2000 and Customs duty thereon was assessed by loading 5% of the value over and above the invoice value on the ground that the overseas supplier and the importer are "related persons", and that the relationship has influenced the price of the goods imported. Accordingly, the imported goods were cleared by pa....

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....contention is that the refund amounts represents SVB deposit and not duty, that as per the Circular No.1/98-Cus., dated 01.01.1998, amount of extra deposit presently kept at 5% of the value of the goods and henceforth be reduced to 1% of the value, which clearly shows that the amount paid, which has been claimed by way of refund is only a deposit and that after setting aside of the loading, the pr....