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TMI Blog2012 (9) TMI 145X X X X Extracts X X X X X X X X Extracts X X X X ..... hich was collected, which had no basis - order is legal and valid and does not suffer from any legal infirmity which calls for interference - appeal is dismissed. - C.S.T.A. No. 3 of 2010 - - - Dated:- 31-3-2011 - N. Kumar and Ravi Malimath, JJ. REPRESENTED BY : S/Shri Jeevan J. Neeralgi, Advocate, for the Appellant. [Judgment per : N. Kumar, J.]. There is a delay of 64 day in pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty payable by the importer company and thereby the invoice value was ordered to be loaded by 10.58% to arrive at the assessable value for purpose of customs duty. The quantum of loading which was 10.58% was arrived at base on the royalty amounts payable towards technical knowhow and royalty on those components Aggrieved by the said order, the assessee preferred an appeal. The appeal came to be dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the duty payable by the assessee against the import of the goods by them. At the moot, it can be treated as a precautionary measure to cover up/make good the difference of duty payable by them after completion of final assessment. Therefore, the appellate authority held that the time limit stipulated under Section 27 of the Customs Act, 1962 is not applicable in the instant case. The provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n by the department being the value of technical knowhow and royalty. It was added to the excise duty payable. When the assessee authority held that the customs duty paid by the assessee was proper and no additional duty need be paid, they were under an obligation to refund this additional amount which was collected, which had no basis. In such circumstances, Section 27 is not attracted. That is t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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