2013 (12) TMI 1494

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... have been allowed by the ld. Commissioner (Appeals). 2. At the outset, ld. Chartered Accountant for the applicant has submitted that during the period from 9-5-2008 to 28-11-2008, they had exported iron ore fines against sixteen Shipping Bills. At the time of export of the said goods, the Assessing Authority had assessed the goods on provisional basis by considering the FOB price as the assessable value for calculation of export duty. The necessity for resorting to provisional assessment was that the final export price of the goods could not be known at the time of export, due to non-ascertainment of FE content of the exported iron-ore fines. After the FE content had been ascertained on receipt of the exported goods by the overseas b .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... House earlier, had been accepting the FOB price as cum-duty price, the same should have been also adopted in the present cases also. He has vehemently argued that the Circular had not been issued to create two methods of assessment, rather than its objective was to bring uniformity in the practice of assessment. The ld. CA further relied on the decision of the Tribunal in the case of CC, Guntur v. Sameera Trading Company, 2011 (264) E.L.T. 578 (Tri.-Bang.), which has been followed at different Customs Houses. 3. Ld. AR for the Revenue, on the other hand, submits that after 11-5-2007, with the introduction of the concept of transaction value, on amendment to Section 14 of the Customs Act, 1962, the assessment should be done in accordan .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ereunder, do not specify any procedure for calculation of assessable value for the purpose of charging export duty in a situation where the exporter has not collected any amount in excess of what has been declared in the shipping bill/invoice. As per practice in vogue for the last more than four decades, transaction value of export goods has invariably been taken as 'cum-duty price'. This practice is not in conflict with any of the statutory provisions. Amendments made in Section 14 of the Customs Act by the Finance Act, 2007 have also not brought any change in the procedure for calculation of assessable value for the purpose of charging export duty. However, any decision on this issue is essentially a matter of policy on which decision is .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X