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2017 (11) TMI 1530 - CESTAT HYDERABADFinalization of provisional assessment - whether the Lower Authorities can finalize the provisionally assessed shipping bills, based on the outcome of analysis report and re-determine the transaction value according to the report of the Deputy Chief Commissioner? - Held that: - both the Lower Authorities have incorrectly appreciated the law which is governing the valuation of the consignments of iron ore cleared for export is as per provisions of Section 14 and 18(2) of Customs Act, 1962 - similar issue decided in the case of Commissioner of Customs, Visakhapatnam Vs. Rashmi Metaliks Ltd. [2016 (11) TMI 300 - CESTAT HYDERABAD], where it was held that When the department accepts the BRC, as well as the final invoice of the exporter and has no doubt or dispute that amount other than what was reflected in final invoice was not received by the latter, the BRC has to be given credibility and reliance - appeal allowed - decided in favor of appellant.
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