TaxTMI 
TaxTMI 
2014 (8) TMI 213
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.... up together for disposal. 2. Briefly stated the facts of the case are that the Respondent had exported iron-ore fines, under various shipping bills, during the relevant period, which was chargeable to advalorem basis at the prevalent rate. The Respondent, M/s. Sesa Goa under contract with overseas buyers had agreed to supply the iron-ore fines at a price arrived on the dry weight per metric ton basis. The Department proposed to calculate the duty on the wet weight by applying the rate at which the Respondent agreed to supply the iron-ore fines on dry weight basis. Ld. Adjudicating Authority has confirmed the said basis. Aggrieved, the Respondent filed Appeal before the ld. Commissioner (Appeals), who has had decided the issue in their f....
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....ll pending cases may be finalized accordingly. In para 5 of the said Circular it has also been decided with effect from is January, 2009 the practice of computation of export duty shall be changed. It is proposed that for the purpose of calculation of export duty, the transaction value, that is to say the price actually paid or payable for the goods for delivery at the time and place of exportation under Section 14 of Customs Act, 1962, shall be the FOB price of such goods at the time and place of exportation. 3. Ld. Special Counsel for the Revenue reiterated the said grounds before us. However, he has fairly accepted that w.e.f. 13.06.2008, export duty on iron-ore fines has been on ad valorem rate basis. 4. Rebutting the contention o....
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....er eliminating the moisture content. It is on such quantity that the FOB value has to be determined. The assessing officer erred in not giving primacy to the terms of the contract. Thus the export price of the exported goods has been incorrectly determined based on the wet metric ton quantity basis which is required to be set aside. 6. The second point for consideration in all these appeals is whether the duty is to be charged on the FOB value of the goods or the FOB value declared by the appellant should be treated as the cum-duty price and the element of the duty has to be excluded before arriving at the assessable value under section 14 of the Customs Act,'62. I have reasonably held in a number of my earlier decisions that in thes....
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....010 there have been short shipment of quantity of iron ore fines. Thus duty cannot be charged in respect of short shipped quantities and the duties paid on these quantities are required to be refunded to the appellant. 6. The Department has challenged the said observation mainly on the ground that the Hon'ble Supreme Court in the case of Gangadhar Narsingdas Agarwal (supra), had observed that the wet weight be also adopted in contrast to the dry weight of the iron-ore fines as the basis for computing the export duty. However, ongoing through the said judgment, we find that the Hon'ble Supreme Court has decided the question whether for the quantification of export duty chargeable on the specific criterion of weight, as the basis, be on th....