TaxTMI 
TaxTMI 
2022 (7) TMI 1128
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....old Rolled Full Hard (unannealed)' from M/s. China Steel Corporation India Pvt Ltd. Since the goods were imported from a related entity, the issue of valuation was taken up by Special Valuation Branch (SVB) in terms of Circular No.11/2001-Cus dated 23.02.2001. The aforesaid circular was an amendment to the earlier circular 1/1998 dated 01.01.1998, the said circular was related to procedure regarding cases handled by Special Valuation Branch of the Custom House. The aforesaid circulars provided for assessment of certain type of cases to be examined by Special Valuation Branch of the custom houses. During the pendency of the investigation, the aforesaid circulars provided for 1% Extra Duty Deposit as a safeguard for revenue. 1.2 In the insta....
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....ed that the 1% EDD, paid by the appellant as per Circular No.11/2001-Cus during the provisional assessment of the bills of entries, is only a security deposit and not a payment of duty. He argued that since it is not a payment of duty, provision of Section 27 will not apply to the refund claim filed by the appellant. Learned counsel argued that Section 27 of the Act is not applicable to refund of 1% EDD paid in terms of Circular No.11/2001-Cus. He relied on the following decisions to support his contention:- * COMMISSIONER OF CUSTOMS, CHENNAI v/S. MADRAS FERTILIZERS LTD.- 2014 (299) ELT 465 (Tri-Chennai) * COMMISSIONER OF CUSTOMS, BANGALORE v/S. ECOMASTER (INDIA) PVT LTD- 2007 (213) ELT 281 (Tri.-Bang) * MOTOR INDUSTRIES COMPANY LTD v....
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.... in the appellant's own case in Deputy Commissioner of Customs Jawaharlal Nehru Customs House vide order dated 04th December, 2018 granted refund of EDD by categorically holding that limitation under Section 27 of the Act will not be applicable for refund of EDD as the same is security deposit. 2.4 Learned counsel argued that the decision of Hon'ble High Court of Bombay in the case of BUSSA OVERSEAS AND PROPERTIES PVT. LTD (supra) cannot be relied in the instant case as the facts are totally different. Learned counsel also insisted that the appellants are entitled to interest on delayed payment of refund of EDD. 03. Learned AR relies on the impugned order. He argued that the assessment in the instant case was provisional till the same was....