2015 (11) TMI 878

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....er : Shri Hari Radhakrishnan, Adv. 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 ....

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....e issue is finalized. 3. The Ld. Advocate appearing 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....

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....eposit only when the appellant fails to comply 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 hearin....

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....tionnaire within 30 days of receipt of the Questionnaire 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 g....