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2019 (1) TMI 833 - CESTAT KOLKATAValuation - determination of assessable value of export goods - Iron Ore Fines - Held that:- Tribunal had already decided the issue of determination of duty of export goods, namely, Iron Ore Fines, and observed that for the period after 1-1-2009, the said goods be assessed to duty adopting the FOB Price, in the case of M/S. SESA GOA LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, CUSTOMS & SERVICE TAX, BHUBANESWAR-I [2014 (4) TMI 658 - CESTAT KOLKATA] - Following the same, the said issue is decided in favor of the Revenue and against the Respondent. Whether duty be calculated on ‘Wet Weight’ basis, under which the Assessee/Respondent agreed to supply the goods to the overseas purchaser or on the transaction value of the goods on ‘Dry Weight’ basis for the period after 13-6-2008? - Held that:- The export goods namely, Iron Ore Fines, be assessed to duty, adopting the criteria of ‘Dry Weight’, as agreed to between the Assessee/Respondent and the overseas purchasers - this issue is decided in favour of the assessee and against the Revenue. Decided partly in favor of Revenue.
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