TaxTMI 
TaxTMI 
2017 (1) TMI 11
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....sing of shipping bills. On receipt of the test report from the Customs Laboratory and on submission of the documents by the appellant, the assessment was finalised. 3. The adjudicating authority calculated the duty liability for final assessment of both the shipping bills and intimated the appellant about the same. The appellant, in respect of shipping bill No. 55/11-12, did not accept the final assessment and submitted that the Customs duty is wrongly calculated. The adjudicating authority, after following due process of law, confirmed the assessment which were intimated to the appellant, directing that consequential refund arrived at in the final assessment order be granted to the appellant-exporter as per law, the penalties were set aside. Aggrieved by such with the contentions raised by the appellant and upheld the order-in-original by holding that the an order, the appellant preferred an appeal before the first appellate authority on various grounds. The first appellate authority also did not agree final assessment of shipping bill in both the cases are just and proper. He also disposed off the Revenues appeal which was filed for non-imposition of penalties. 4. Learned couns....
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....e transactions are not between the related party and price was the sole consideration for sale. It is also his submission that there is no allegation that price was not a sole consideration or there was any flow back of the amount to the appellant. It is his submission that the transaction concluded when the goods were sold at the Chinese Port and to another purchaser due to the problems that arose in the reports given by the private laboratory which was found to be faulty or incorrect by the supplier of iron ore fines to the appellant. He would submit that if the price has to be considered as per the load port analysis then the entire mechanism of provisional/final assessment would be rendered redundant and the provisions of Section 18 would be otiose. It is his further submission that the adjudicating authority as well as the first appellate authority has erred in considering non-existent report of customs laboratory to arrive at the final value and it is his submission that they were not served report of the testing of any sample and any testing done by the Revenue authorities is the mechanism to assess the correct identity of the goods and not the value of the same. He would su....
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....and it is at the time of export. It is his submission that the appellant had not decided to challenge the Customs Lab report and it is binding on them and the submission that the said Customs Lab report was not given to them is incorrect as the CHA was given all the details. He would rely upon the following decisions: i) Shree Tirumala Udyog v. Collector of Customs, Bangalore 2003 (162) ELT 908 (Tri.-Chennai) ii) Collector of Central Excise, Ahmadabad v. Cellulose Products of India 2000 (124) ELT 1133 (Tribunal); iii) Reliance Cellulose Products Ltd. v. Collector of Central Excise, Hyderabad 1997 (93) ELT 646 (SC). 6. On perusal of the records and on consideration of the submissions made by both the sides, we find that the issue involved in this case is regarding the correct value to be adopted as per Section 14 of the Customs Act, 1962 for the demand of duty of the goods exported. 7. Undisputed facts are that the appellant filed two shipping bills for export of iron ore fines to China declaring the Fe contents as 52% and 54% and also brought on record the contracts entered into by them. The contracts entered into by the appellant with the overseas purchaser says that the pric....
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....t the truth or accuracy of such value, and determination of value for the purposes of this section : Provided also that such price shall be calculated with reference to the rate of exchange as in force on the date on which a bill of entry is presented under section 46, or a shipping bill of export, as the case may be, is presented under section 50. (2) Notwithstanding anything contained in sub-section (1), if the Board is satisfied that it is necessary or expedient so to do, it may, by notification in the Official Gazette, fix tariff values for any class of imported goods or export goods, having regard to the trend of value of such or like goods, and where any such tariff values are fixed, the duty shall be chargeable with reference to such tariff value. Explanation. - For the purposes of this section - (a) "rate of exchange" means the rate of exchange - (i) determined by the Board, or (ii) ascertained in such manner as the Board may direct, for the conversion of Indian currency into foreign currency or foreign currency into Indian currency; (b) "foreign currency" and ''Indian currency" have the meanings respectively assigned to them in clause (m) and clause (q) ....