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TMI Blog2016 (11) TMI 300X X X X Extracts X X X X X X X X Extracts X X X X ..... or Fe content 62.00%, basis in the shipping bills, as per the original contract - whether the order of adjudicating authority of finalisation of subject shipping bill by adopting initially declared unit price of USD 173 against finally invoiced rate of USD 166 justified? - Held that: - the grounds raised by the department have been taken cognizance of by the Commissioner (Appeals) and the order pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10.03.2011 for the export of 25285 WMTs of Iron Ore Fines of 62.00% Fe content to a buyer in Korea, being final destination to China totally valued at ₹ 14,72,76,528/- FOB. The Exporter had declared the unit price as US$ 173 DMT CFR as per the contract No. RML/IOF/10-11/038 dated 11.12.2010 signed with M/s. DAEWOO INTERNATIONAL CORPORATION, KOREA. Iron Ore Fines are leviable to export duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ealized is not in tune with the contract and there is no amendment to the original contract. 2. On adjudication vide order dated 09.12.2011 the adjudicating authority ordered for finalisation of subject shipping bill by adopting initially declared unit price of USD 173 against finally invoiced rate of USD 166. Refund of balance revenue deposit amount of ₹ 43,43,843/- and on account of Fe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... invoice of the exporter and has no doubt or dispute that amount other than what was reflected in final invoice was not received by the latter, the BRC has to be given credibility and reliance. This being so we do not find any infirmity in the impugned order. The appeal of department therefore requires to be dismissed, which we hereby do. 5. In the result appeal is dismissed. (Operative part ..... X X X X Extracts X X X X X X X X Extracts X X X X
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