2012 (9) TMI 1041

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..... entered into an agreement with M/s. Devi Resources Ltd. of Honkong on or about 7th April, 2011 for export of 8200 Mts. of Iron Ore Fines (+/-10%). 2. According to the petitioner, the price of the goods was, in terms of the contract between the petitioner and the foreign buyer, determinable on Dry Metric Ton basis and the price was US $ 117 per DMT. The weight of the Iron Ore Fines and the price .....

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..... olding that quantity was to be determined on Dry Metric Ton and not on Wet Metric Ton basis. 5. The petitioner claims that the petitioner is entitled to refund of ₹ 22,18,734/- in terms of the Appellate Order referred to above. 6. On 13th December, 2011 the petitioner applied for refund. However, on or about 30th December, 2011 the petitioner was informed that the respondents had prefe .....

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..... 8. The respondents shall refund the duty collected from the petitioner within two months from the date of communication of this order provided, of course, there is no stay of operation of the order of the Appellate Commissioner granted by the learned Tribunal. 9. The writ application is disposed of accordingly. 10. Urgent certified copy of this order, if applied for, be supplied to the parti .....

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