2025 (11) TMI 875

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....rameters in terms of Fe content, moisture content, etc. The shipping bills were assessed provisionally based on declared FOB and quantity. On finalization, while the Original Authority has observed that they have realised export proceeds as per their initial declaration and in terms of condition laid down in the contract and that there is no evidence on record that there is a mis-declaration of value. However, despite this, the Original Authority observed that as far as moisture content is concerned, it was initially declared as 8%, however, as per CIQ certificate, it was found to be 7.81% and as per CRCL, it was found to be 6.8% and thereafter, held CRCL report's moisture content in terms of bond executed by them at the time of export for ....

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....ard both sides and perused the records. 5. We find that these two appeals broadly involve the issue pertaining to redetermination of export value at the time of final assessment. While the appellant's/exporter's submission is that final invoice and the BRC should be the basis for deciding the export duty and not the manner in which it has been decided by the department, whereas, the department's main submission is that while in the case of Fe content, there was no ground for redetermining the value, whereas, in the case of moisture content, the appellant had bind himself to agree with the test report of CRCL. This observation is not correct as the bond at the time of provisional assessment is essentially to bind to pay differential duty ....