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2014 (8) TMI 213 - CESTAT KOLKATAValuation of export of iron-ore fines - levy of export duty is on ad valorem basis - Department proposed to calculate the duty on the wet weight - Held that:- Hon’ble Supreme Court has decided the question whether for the quantification of export duty chargeable on the specific criterion of weight, as the basis, be on the dry weight or on wet weight of the iron-ore fines. Needless to say, when the charge of export levy was on specific rate basis, that is on the weight of the iron-ore, irrespective of its value, then the basis of dry or wet weight, of the goods become relevant for determination of the quantum of duty. Whereas, in the present case, the duty is levied on the basis of the transaction value agreed between the Respondent and the overseas purchaser on the criterion of dry weight of iron ore fines. - Therefore decision in the case of UOI Vs. Gangadhar Narsingdas Agarwal [1995 (8) TMI 73 - SUPREME COURT OF INDIA] distinguished. Therefore, the determination of export duty on the basis of dry weight or wet weight, in our opinion, is irrelevant as the duty to be computed on the value of the goods in dry weight condition, as agreed by the parties. - Decided against Revenue.
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