TaxTMI 
TaxTMI 
2026 (5) TMI 1110
X X X X Extracts X X X X
X X X X Extracts X X X X
....ong with applicable interest and also imposed equivalent penalty (Impugned Order). 2. The issue, in brief, is that the appellants are engaged in export of iron ore fines/ lumps and had exported certain consignments during the period 2008-09 to 2011-12. At the time of export, bills were self-assessed declaring certain parameters like Fe percentage, moisture content and unit price. However, later on, when the department felt that these declarations were based on provisional invoice, they asked for final invoices and final analysis report from the exporter to ascertain whether the assessment made under section 17 was proper and correct or not. Thereafter, they scrutinized all the exported bills of entry and thereafter, noted that there are ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....refore, he held that shipping bills need to be reassessed and the declaration made at the time of export was not true declaration and therefore, extended period is invokable. 4. Learned Advocate for the appellant has contended that while on merit, most of these issues are settled by this Bench and therefore, the issues are no longer res integra. 5. On the other hand, learned AR has mainly submitted that in this case, though there is no provisional assessment, the re-assessment has been adopted by the department based on incorrect appreciation of facts and law. For the sake of convenience, he has submitted that the adjudicating authority has confirmed the demand of differential duty broadly on the following three counts. A) Ap....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ion of either export value as declared in the final invoice or quantity based on moisture percentage determined by CRCL lab. c) The final assessment has to be made based on the final invoice duly supported by BRC. 7. Therefore, essentially, the final assessment has to be made on the actual realized value reflected in the final invoice and supported by BRC, so long as there is no allegation or evidence of receipt of any additional consideration or the invoice being not genuine. He has further submitted that appellant initially adopted provisional invoice value for the purpose of assessment, however, in the light of settled legal position, the assessable vale has to be determined on the basis of final invoice value duly supported ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... that entire consignment has to be treated as that of Iron ore fines by relying on Rule 3(b) of General Rules of Interpretation as held in the case of Daksh Minerals & Marine Pvt Ltd Vs CCT, Guntur-GST [2024 (5) TMI 1155 - CESTAT Hyderabad] and subsequently, in other judgment in the case of CC, Visakhapatnam Vs Arihant Tiles & Marbles Pvt Ltd & ors (supra). 10. Insofar as the issue of percentage of moisture and Fe content as per CIQ report to be considered or otherwise, we find that said percentage as per CIQ report may have to be considered as this being a case of self-assessment based on provisional invoice, where neither party was sure about the moisture content or Fe content. However, we note that in this case, the department has rel....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nvoice, as also provisional declaration of various parameters was furnished. Had it been the case of provisional assessment, this could have been decided based on various judgments of Coordinate Benches, however, in this case, because of the fact that export has taken place on finally assessed (self-assessed) shipping bills and therefore, any differential duty demanded would have to be decided on merit first to arrive at the conclusion whether they are otherwise demandable or not. 13. Various case laws cited in support of acceptance of BRC value for the purpose of discharge of export duty are distinguished as in all such cases, there was a contract permitting declaration of provisional value and final value based on variation in paramete....