2025 (11) TMI 1458

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....012 (impugned order). 2. The brief facts of the case are that the appellants were engaged in exporting iron ore in terms of certain contract, wherein, certain terms and conditions were prescribed relating to Fe percentage, moisture etc., and based on these values, the final price was being finalised. In the present appeal, at the time of export since certain values were not determined or known and therefore the assessment was done provisionally. Subsequently, the appellant submitted documents like final invoice, Bank Realisation Certificate (BRC) etc., for finalisation of Shipping Bill and the Department also received the test report in respect of the sample drawn at the time of export. In his finding, the Adjudicating Authority has main....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ally received in terms of BRC in relation to said exports. This is the gross violation of the provisions of Section 14 and the Export Valuation Rules, which, interalia, also provides that the value has to be determined subject to Rule 8 as per transaction value. He has relied on various judgements including Eicher Tractors Vs Commissioner of Customs, Mumbai [2000 (122) ELT 321 (SC)] and Commissioner of Customs, Goa Vs VGM Exports [2013-TIOl-314-CE-MUM]. 4. The short question for determination in this appeal is whether, the Adjudicating Authority was correct in re-computing the quantum of export on DMT basis taking into account the moisture content, as determined by the CRCL or otherwise. We find that the export value has to be determined....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t was concerned, the Tribunal, has, interalia, held that the moisture content arrived at by CIQ has to be applied for arriving at the DMT quantity and for raising invoices. Para 11 and 12 are cited below for ready reference: 11. Therefore, in all these cases, the contracts are clearly specifying these parameters. From the documentary evidence provided by way of invoices, it is seen that based on the moisture content arrived at by CIQ, the appellant has reduced the quantity and arrived at the DMT quantity. There is no dispute that the appellant has realised only the value shown in the total value shown in the invoices. Therefore, it is clear that the transaction value has been followed by the appellant. This also meets the requireme....