TaxTMI 
TaxTMI 
2026 (2) TMI 1286
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....ppeals) wherein, the order passed by the Original Authority has been upheld. The appellants are exporter of iron ore fines and were engaged in exporting the same to China. During the period August 2011, the Department re-assessed the duty leading to confirmation of differential demand and also sanctioned lesser refund. 2. The brief facts of the case, appeal wise, are as under: Appeal No. C/20487/2015 The appellant had exported 44000 MT of iron ore fines with 65% FE content at USD 164 on FOB basis. The assessment was kept provisional at the time of export and was finalized subsequently by taking into account the Bank Realisation Certificate (BRC). This final assessment led to demand of differential export duty of Rs. 38,....
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....nd above 5%. 4. He further submits that there is a clear violation of principles of natural justice due to non-speaking nature of order, non-furnishing of certain crucial documents relied upon by the Department and passing of the order without issuing a Show Cause Notice or granting personal hearing. On various grounds, the Department has revised the assessable value in respect of the export consignment without correctly appreciating the facts and the law in this regard. In so far as, the issue of moisture content adopted by the Department for working out the gross quantity on export by basing it on the test report of Chemical Examiner, the said adoption is not correct as held in catena of judgments. He is relying on the judgment of the ....
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.... on Fe content and freight and finally adopted USD123 PDMT as against declared FOB value i.e. USD 113 PDMT. He submitted that Metal Bulletin Value is just a reference price and serves as basic guideline, whereas, the actual transaction price that reflects quantities, grades, qualities, credit terms and other parameters and therefore, price on the Metal Bulletin are not comparable to prices of subjected exports. They have relied on certain judgments in this regard which are as follows: i. Century Metal Recycling Vs UOI [2019 (367) ELT 3 (SC)] ii. CC (Imports) Vs Ganapati Overseas [2023 (10) TMI 364 (SC)] iii. CCE & ST Vs Sanjivani Non-Ferrous Trading [2019 (365) ELT 3 (SC)] iv. Pushpanjali Silk Pvt Ltd., V....
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....lant on certain judgments, supra, that the adoption of either export quantity based on moisture content determined by CRCL or adoption of contemporaneous price without rejecting the transaction value in the first place, is not correct. We also find force in his submissions that all these issues are now fairly settled in terms of various judgment cited by him, supra. 12. We find that it has been held in catena of judgments cited above that the moisture content of the CRCL cannot be taken into consideration for determining the quantity, especially in the regime of ad valorem duty, hence, the methodology adopted for finalization of shipping bill is not correct. Similarly, the demand of higher rate of BCD on certain part of the export consig....