2023 (8) TMI 949 - AT - Customs

Levy of Customs Duty - liability of Appellant/Assessee 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 - The issue is no longer res integra as has been decided in catena of rulings against the Appellant/Assessee and in favour of Revenue - reliance can be placed in SESA GOA LIMITED VERSUS COMMISSIONER OF CUSTOMS 2020 (3) TMI 772 - CESTAT HYDERABAD where it was held that The present case is of exports. In case of exports, the cost of freight and transit insurance are not part of the transaction value at the Port of export i.e. the Indian Port where the goods are exported. It includes only the Free on Board (FOB) value. This is the value for the purpose of Section 14 and export duty must be calculated on this FOB value. Thus, following the precedent decision of this Tribunal, appeal dismissed.

Summary

Issues involved:
The issue involved in these Appeals is 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.

Issue 1 - Liability to pay customs duty on FOB value:
The Appellate Tribunal CESTAT Hyderabad heard the parties regarding the liability of the Appellant/Assessee to pay customs duty on the FOB value on export of iron ore fines. The Tribunal noted that this issue has been previously decided against the Appellant/Assessee in various rulings, including those of Sesa Goa Ltd and Essel Mining & Industries. Despite the Appellant's Counsel informing about appeals filed before the Hon'ble Supreme Court, the Tribunal, following precedent decisions, dismissed the Appeals and upheld the Impugned Order.

Final Decision:
In conclusion, the Appellate Tribunal CESTAT Hyderabad upheld the Impugned Order, dismissing the Appeals of the Appellant/Assessee regarding the liability to pay customs duty on the FOB value on export of iron ore fines, in line with the precedent decisions of the Tribunal.