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CC, Visakhapatnam Versus M/s Rashmi Metaliks Ltd.

2016 (11) TMI 300 - CESTAT HYDERABAD

Valuation - export of goods - disagreement between the declared rate on final commercial invoice and the shipping bills - unit rate declared in the final commercial invoice is USD 166 PDMT CIF for Fe content 63.00%, basis against declared unit rate o .....

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nally invoiced rate of USD 166 justified? - Held that: - the grounds raised by the department have been taken cognizance of by the Commissioner (Appeals) and the order passed by him is well reasoned. When the department accepts the BRC, as well as th .....

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impugned order - appeal dismissed - decided against department. - C/2188/2012 - Final Order No. A/30740/2016 - Dated:- 16-8-2016 - Ms. Sulekha Beevi, C.S., Member (Judicial) and Sh. Madhu Mohan Damodhar, Member(Technical) Sh. Arun Kumar, Authorised .....

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re Fines of 62.00% Fe content to a buyer in Korea, being final destination to China totally valued at ₹ 14,72,76,528/- FOB. The Exporter had declared the unit price as US$ 173 DMT CFR as per the contract No. RML/IOF/10-11/038 dated 11.12.2010 s .....

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l was provisionally assessed to duty at the rate of 20% advolarem on FOB and collected ₹ 2,94,55,306/- along with Cess ₹ 25285/- at the rate of ₹ 1/- WMT in respect of the subject shipping bills. On scrutiny of the final documents s .....

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unit rate of USD 173 PDMT CFR for Fe content 62.00%, basis in the shipping bills, as per the original contract. Thus it appeared that the unit rate realized is not in tune with the contract and there is no amendment to the original contract. 2. On ad .....

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t of ₹ 43,43,843/- and on account of Fe content and moisture variation was also ordered. In appeal, the Commissioner(Appeals), vide order dated 21.05.2012 inter alia held that the BRC is needed to be reckoned to arrive at the assessable value i .....

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