9911796707
TMI Blog2018 (4) TMI 493X X X X Extracts X X X X X X X X Extracts X X X X ..... with the Board Circular No.4/2016. The interim order granted by this Court on 27.10.2016 shall continue to operate until a decision is taken by the Respondent No.4 - petition disposed off. - Writ Petition No. 41837/2016 (T – TAR) - - - Dated:- 27-3-2018 - S. Sujatha, J. FOR THE PETITIONER : SRI S.S.NAGANANDA, SENIOR COUNSEL A/W SRI B.VENUGOPAL, ADV. FOR THE RESPONDENT : SRI Y.HARIPRASAD, ADV. FOR R-1; SRI K.V.ARAVIND, ADV. FOR R-2 TO R-6. ORDER Heard the learned Senior Counsel appearing for the petitioner as well as learned counsel appearing for the respondents. 2. Petitioner has sought for the following reliefs: [a] issue a writ of mandamus or such other writ or order or direction directing the 4th Responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iew of the order passed by the Respondent No.4 on 5.11.2016, whereby Annexure-1 application dated 14.03.2016 filed by the petitioner has been rejected for the reasons recorded therein and the importer/petitioner is directed to follow the instructions in terms of Board Circular No.4/2016 dated 9.2.2016. 4. The Board Circular No.4/2016-Customs at Clause 2.2 contemplates that the Special Valuation Branch [SVBs] are promptly scrutinized the declarations and in cases where the importer files declaration in Annexure-1, the process of renewal would be treated as dispensed with. The SVB shall immediately inform the Custom stations where provisional assessments have re-started due to the process of renewal to immediately discontinue obtaining EDD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the basis of a PD Bond but without any EDD. It has also been noted that many importers have represented on delays in dispensing of EDD, even though they have provided the required information and a period of 4 months has passed without the case having been decided. Therefore, the Board has decided that while reference to SVB requires the assessments to be provisional, for the sake of reducing transaction cost and bringing uniformity across Customs Houses, no security in the form of EDD shall be obtained from the importers. However, if the importer fails to provide documents and information required for SVB inquiries, within 60 days of such requisition, security deposit at a rate of 5% of the declared assessable value shall be imposed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Board Circular Nos. 4/2016 and 5/2016. In view of the same, the first prayer does not survive for consideration. 8. As regards the second prayer, this Court while considering the petition on 27.10.2016 by way of an interim order, directed that no extra EDD shall be charged from the petitioner-Company in terms of clause 2.2 of the Board Circular No.4/2016-Customs, on the petitioner-Company for the imports to be made by it from then onwards, without the specific leave of the Court. Petitioner is having the benefit of this interim order as on date and this interim order is in conformity with the Board Circular No.4/2016. 9. As regards the third prayer, it is not in dispute that the petitioner has deposited EDD of ₹ 7,61,04,066/- du ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
