2023 (8) TMI 559 - AT - Customs

Valuation of export goods - Iron Ore Fines - enhancement of value - correctness of determination of value of the goods based on the price by adopting the wet metric ton weight of the Iron Ore find i.e. by including moisture content - HELD THAT - Admittedly there is no dispute to the fact that the Respondent has provided the copy of the Agreement with the overseas importer wherein, it is specified that the Respondent will be paid based on the dry matric weight of the iron ore. This Tribunal in the case of COMMR. OF CUS. (AIRPORT) , CHENNAI VERSUS KOTHARI SUGARS CHEM. LTD. 2008 (2) TMI 757 - CESTAT, CHENNAI where it was held that bank guarantee furnished by an assessee under court s order to secure the Revenue was held not amounting to payment of duty of excise and, accordingly, the provisions of Section 11B of the Central Excise Act was held inapplicable to a claim for refund of such amount. The above decision is squarely applicable in the present case also since no Stay has been granted by the Supreme Court. There are no merit in the Appeals filed by the Revenue - appeal dismissed.

Summary

Issues involved:
The determination of the value of exported Iron Ore Fines based on weight basis (wet metric ton vs dry metric ton) and the applicability of contract terms in valuation.

Issue 1: Determination of value based on weight basis
The assessing officer determined the value of Iron Ore Fines for export by including moisture content and enhancing the value from U.S $100.00 to U.S $120.00/MT. The Commissioner (Appeals) held that the value should be based on dry metric tons as per the contract terms, not on wet metric tons. The Revenue filed an Appeal challenging this decision, citing the Hon'ble Supreme Court's judgment in UOI Vs. Gangadhar Narsingdas Agarwal [1997 (89) E.L.T 19 (SC)], which emphasized charging export duty on iron ore based on wet weight basis. However, the Respondent argued that the contract with the overseas importer specified payment based on dry weight basis, supported by case laws such as Commr. of Customs (Port), Kolkata Vs Sesa Goa Ltd. and Essel Mining & Industries Ltd.

Issue 2: Applicability of contract terms in valuation
The Respondent contended that the sale price of Iron Ore is determined by the contract with the overseas importer, which mandates valuation based on dry weight. The Commissioner (Appeals) acknowledged the contract terms and upheld the valuation based on dry weight, noting that the issue had been settled in previous cases like Sesa Goa Ltd. and Essel Mining & Industries Ltd. The Revenue, however, relied on the judgment of UOI Vs. West Coast Paper Mills Ltd, arguing that until the Tribunal decisions are finalized by the Supreme Court, they cannot be applied. The Tribunal, after considering the arguments and documents, upheld the valuation based on dry metric weight as per the contract terms, dismissing the Appeals filed by the Revenue.

This judgment clarifies the importance of contract terms in determining the value of exported goods and highlights the distinction between wet weight and dry weight basis for charging export duty on iron ore fines. The Tribunal's decision aligns with previous rulings and emphasizes the relevance of contractual agreements in valuation disputes, ultimately upholding the valuation based on dry weight as per the terms of the contract.