2019 (4) TMI 597

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nu Kiran, Assistant Commissioner (AR) For the Respondent : None ORDER PER: M.V. RAVINDRAN This appeal is filed by the Revenue against Order-in-Appeal No. 14/2011 (V) CH dated 09.03.2011. 2. None appeared on behalf of the respondent despite notice. On perusal of records, we find that the issue lies in a narrow compass accordingly, the appeal is taken up for disposal even in the ab....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ort consignment basing price of 166 $ Per DMT (FOB) of M/s Fomento (Karnataka) Mining Company Pvt. Ltd., and after giving adjustment for percentage Fe content in the iron ore for finally fixed/re-determined the value of the iron ore exported to US $ 155 PDMT (FOB). It is his submission that against such an order, an appeal was preferred to the first appellate authority who set aside the Order-in-O....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lt of the foreign buyer indicated Fe content as 60.87%. The Adjudicating Authority rejected the declared price of US$ 138 per DMT of 61% Fe content iron ore exported, on the ground that the price declared by appellants was US$28 per DMT less compared to the price of US$166 declared by M//s Fomento (Karnataka) Mining Company Pvt. Ltd., during the material time from the port of Visakhapatnam to Chin....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rity. In the absence of any proof that the appellants received the amount more than the declared price, I consider the declared FOB price of US $ 138 per DMT should be reckoned with to finalize the assessment." 5. We find that the First Appellate Authority was correct in making the above referred observations. It is on records, in the Order-in-Original itself there have been contempora....