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TMI Blog2014 (8) TMI 213X X X X Extracts X X X X X X X X Extracts X X X X ..... the quantum of duty. Whereas, in the present case, the duty is levied on the basis of the transaction value agreed between the Respondent and the overseas purchaser on the criterion of dry weight of iron ore fines. - Therefore decision in the case of UOI Vs. Gangadhar Narsingdas Agarwal [1995 (8) TMI 73 - SUPREME COURT OF INDIA] distinguished. Therefore, the determination of export duty on the basis of dry weight or wet weight, in our opinion, is irrelevant as the duty to be computed on the value of the goods in dry weight condition, as agreed by the parties. - Decided against Revenue. - APPEAL NO.C/A/73, 86, 102, 108, 148, 177, 185-190, 249-250, 265-274, 332/11 AND 306/12 - ORDER NO.FO/A/75192-75217/2014 - Dated:- 30-4-2014 - DR. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same contention of the Appellate Authority is denied, and rejected on the following grounds : Order passed by the Ld. Commissioner (Appeals) that duty should be charged on the dry weight basis on the ground that the contract was entered on the-dry weight basis. The reasoning cited by the appellate authority is absolutely improper and contrary to law as it is settled by the Hon'ble Apex Court. In this particular issue the Hon'ble Supreme Court in the case of UOI Vs. Gangadhar Narsingdas Agarwal {1997 (89) ELTl9 (SC)} had held that the wet weight basis (i.e. iron ore along with its moisture content) should be taken as the basis of charging the export duty on iron ore. The appellate authority held that as per contract, the pric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis. Therefore, the said judgment is not applicable. 5. Heard both sides and perused the records. We find that the ld. Commissioner (Appeals) examining the contention of the Assessee and the Revenue, recorded the finding as follows:- 5. I have gone through the Grounds of Appeals and submissions made at the time of hearing and all other evidences on record. The short point for consideration in all these appeals is whether the FOB price of the goods exported has to be worked out on the wet-weight quantities of the exported goods, as provided in the contract on the dry metric ton weight basis. In this regard, I find that the FOB value of the goods would have to be worked out on the basis of the terms of the contract entere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se, vide order No.A/241-291/ 10/CSTB/C-II, dated 05/08/2010, the Hon'ble CESTAT, West Tonal Bench, has held that FOB price cannot be treated as the cum-duty price and duty is to be charged on the basis of FOB price of the goods. Adopting the ratio of the said order of the Tribunal, I am constrained to hold, in aberration from my earlier findings in similar cases, that in all these cases the duty is required to be charged on the basis of FOB price of the goods. 7. In view of the reasons given above, the assessments made under the various shipping bills are modified and these have now been done based on the total price which shall be determined on the dry metric ton quantity basis as required under the contract. The FOB price shall con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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