2024 (5) TMI 818

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....eneral Manager for the Appellant. Shri A. Rangadham, Authorised Representative for the Respondent. ORDER The appellant has imported 10,000 WMT of Iron Ore Fines having Fe content of 60%. This export was carried out vide Shipping Bill No.005069 dated 14.10.2010 and the assessment was done on provisional basis. The appellant had declared the unit price of USD 97.00 PDMT FOB. As per the cont....

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....at there is no evidence on record that there is a mis-declaration of value. Further, I do not have any documentary evidence to prove that the exporter has received excess amount other than what he has realized in the Bank Realization Certificate (duly attested by the Bank) and the final invoice." 2. After this, he has considered the contemporaneous exports @ USD 139.3 PMT and accordingly has di....

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.... the transaction value. He cites the following case laws: i) M/s Ore Cast (India) Vs Commissioner of Customs, CE & ST BBSR-I and Commissioner of Customs (Prv.), Bhubaneswar Vs M/s Ore Cast (India) [2023 (10) TMI 757 - CESTAT, Kolkata], ii) Commissioner of Customs (Export), Goa Vs V.G.M. Exports [2013 (291) E.L.T. 572 (Tri-Bom)] and iii) Krishna Traders Vs Commissioner of....

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....ining Company Pvt Ltd., Vs CCCE & ST, Guntur [2018 (10) TMI 223 -CESTAT, Hyderabad]. Therefore, he justifies the orders passed by the Lower Authorities. 5. Heard both sides and perused the documentary evidence placed before us and the case laws cited. 6. We find that the Adjudicating Authority has clearly held that the documentary evidence placed by the appellant shows that the transaction v....