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2023 (8) TMI 323 - AT - CustomsValuation of export goods - enhancement of value - value of the goods determined by AO based on the price by adopting the wet metric ton weight of the Iron Ore find i.e. by including moisture content - Appellant submits that inspite of going through the Contract Copy with the overseas importer, still the Commissioner (Appeals) has held that the value should be as per wet weight. HELD THAT:- This Tribunal in the case of COMMISSIONER OF CUSTOMS (PORT), KOLKATA VERSUS M/S. SESA GOA LTD. [2014 (8) TMI 213 - CESTAT KOLKATA] has held 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. This Tribunal in the case of COMMR. OF CUSTOMS (PORT) , KOLKATA VERSUS ESSEL MINING & INDUSTRIES LTD. [2019 (1) TMI 833 - CESTAT KOLKATA] has held We find that the assessment of export goods whether on ‘Dry Weight’ or on ‘Wet Weight’ basis, for the period after 13-6-2008, has been decided by this Tribunal in favour of the Assessee/Respondent, observing 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, vide Order Nos. FO/A/75192-75217/2014, dated 30-4-2014. Hence, this issue is decided in favour of the assessee and against the Revenue. The above decisions are squarely applicable in the present case also since no Stay has been granted by the Supreme Court in respect of the Appeal filed by the Revenue against Tribunals order in Sesa Goa case. Appeal allowed.
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