2024 (3) TMI 1296 - AT - Customs

Valuation - export duty - Whether the Appellant/Assessee is liable to pay customs duty on the FOB value on export of iron ore fines considering the same as cum-duty value or otherwise - HELD THAT - We find that the issue is no longer res integra as has been decided in catena of rulings against the Appellant/Assessee holding that Cum Duty Value cannot be used for arriving at the value for levy of export duty. In the following rulings of this Tribunal this view has been taken in Sesa Goa Ltd vs CCE, C ST 2014 (4) TMI 658 - CESTAT KOLKATA and Essel Mining Industries Vs CCE 2017 (4) TMI 87 - CESTAT KOLKATA . Thus we dismiss the Appeals and uphold the Impugned Orders.

Summary

The Appellate Tribunal CESTAT Hyderabad ruled that the Appellant is not liable to pay customs duty on the FOB value for the export of iron ore fines. Previous rulings have established that Cum Duty Value cannot be used for determining export duty. The Appeals were dismissed, and the Impugned Orders were upheld based on precedent decisions of the Tribunal.