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TMI Blog2017 (11) TMI 1530X X X X Extracts X X X X X X X X Extracts X X X X ..... ERABAD], where it was held that When the department accepts the BRC, as well as the final 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 - appeal allowed - decided in favor of appellant. - C/3342/2012, C/23600-23606/2014 - A/31767-31774/2017 - Dated:- 12-9-2017 - Mr. M.V. Ravindran, Member (Judicial) And Mr. Madhu Mohan Damodhar, Member (Technical) Shri S.C. Choudhury, Chartered Accountant for the Appellant. Shri Bhanu Kiran, (AR) for the Respondent. ORDER [Order Per: M.V. Ravindran] All these appeals are disposed of by a common order as the issue involved is the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rungta Sons Pvt. Ltd., CC ST, Visakhapatnam-Cus OIA No.88/2014-VCH dt. 25.08.2014 3. The issue that falls for consideration in all these appeals is whether the Lower Authorities can finalize the provisionally assessed shipping bills, based on the outcome of analysis report and re-determine the transaction value according to the report of the Deputy Chief Commissioner. 4. In these appeals, both the appellants filed shipping bills for export of iron ore fine declaring value and specific percentage of Fe content under particular value as per the contractual agreements. The goods were provisionally assess pending the outcome of the final analysis report; as the final value of the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsignment by recording as under: 5.2 It is pertinent to mention that the value of the export goods shall be the transaction value of such goods, that is to say, the price actually paid or payable for the goods when sold for export from India for delivery at the time and place of exportation. There is no provision in the Act to state that the Bank Realization Certificate value is only the transaction value. It is immaterial to the Revenue, whether the realization of the value of the export goods has completed or not. As per the statute the chargeability of the duty is on the price actually paid or payable. The contract has specified the terms and conditions of the unit price payable and it may be taken as the transaction value, the deta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctually paid for the goods exported was the price realized by them as per the final invoice and as per the Bank certificate and that is the transaction value on which duty liability has to be discharged. 8. Similar issue fell for the consideration of this Bench in the case of Commissioner of Customs, Visakhapatnam Vs. Rashmi Metaliks Ltd., [2016 (342) ELT 458] wherein the Bench held as under: 4. We find that the grounds raised by the department have been taken cognizance of by the Commissioner (Appeals) and the order passed by him is well reasoned. When the department accepts the BRC, as well as the final invoice of the exporter and has no doubt or dispute that amount other than what was reflected in final invoice was not re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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