2016 (11) TMI 1747 - CESTAT HYDERABAD

Confiscation of the iron ore consignments - imposition of redemption fine under Section 25 of the Customs Act, 1962 - penalties under Section 114(i) ibid - HELD THAT:- The Board vide Circular No. 4/2012-Cus. dated 17-2-2012, in the wake of several references received, inter alia, clarified In light of the observation by the Apex Court that export duty is chargeable according to Fe contents, and to maintain uniformity all over the customs houses, it is clarified that for the purpose of charging of export duty the assessment of Iron ore for determination of Fe contents shall be made on Wet Metric Ton (WMT) basis which in other words mean deducting the weight of impurities (inclusive of moisture) out of the total weight/Gross Weight to arrive at Net Fe contents.

In the light of the Board's Circular, the issue now stands gone in favour of the appellant - The impugned order is not sustainable and liable to be set aside - Appeal allowed.