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Appellant exported 15,000 MT of iron ore with 58.61% Fe content on WMT basis. Customs duty was provisionally paid at Rs. 300/PMT instead of applicable rate of Rs. 50/PMT for Fe content below 62% as per notification. Following Supreme Court and Tribunal precedents, it was held that Fe content determination on WMT basis is correct. Appellant is eligible for refund of excess duty paid. Impugned orders set aside, matter remanded to adjudicating authority for finalizing assessment and granting eligible refund.
Appellant exported 15,000 MT of iron ore with 58.61% Fe content on WMT basis. Customs duty was provisionally paid at Rs. 300/PMT instead of applicable rate of Rs. 50/PMT for Fe content below 62% as per notification. Following Supreme Court and Tribunal precedents, it was held that Fe content determination on WMT basis is correct. Appellant is eligible for refund of excess duty paid. Impugned orders set aside, matter remanded to adjudicating authority for finalizing assessment and granting eligible refund.
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