The case involved a dispute over moisture content in exported ...

CESTAT ruled in favor of appellant in dispute over moisture content in Iron Ore export. Transaction value followed, appeal allowed.

Case Laws     Customs

June 24, 2024

The case involved a dispute over moisture content in exported Iron Ore leading to a final assessment based on increased value due to significant variation in weight. The appellant claimed 8% moisture content, but CRCL analysis showed 4.60% to 6.8%. The Circular No. 12/2014-CUS was crucial, emphasizing contract provisions on moisture content and analysis at the port of discharge. The transaction value followed by the appellant aligned with the Circular, warranting the appeal's allowance. Export duty, being ad valorem, was rightly based on the transaction value. The case law cited was deemed inapplicable due to differing test reports. As the appellant billed per CIQ test report per contract, the impugned order was set aside, and the appeal was allowed.

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