2025-VIL-1912-CESTAT-HYD-CU
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CUSTOMS CESTAT Cases

Customs - Redetermination of export value at the time of final assessment, export of iron ore – Provisional assessment of shipping bills based on declared FOB and quantity. On finalization, the Original Authority observed that the Appellants had realized export proceeds as per their initial declaration and in terms of the contract, and there was no evidence of mis-declaration of value. However, the Original Authority held that the CRCL report's moisture content, in terms of the bond executed by the Appellants at the time of export, would be applicable for working out the duty. On appeal, the Commissioner (Appeals) modified the order to the extent of adopting the declared Fe content by the Appellants and not as determined by either CRCL lab or CIQ test report - Whether the redetermination of FOB value for the purpose of working out the refund by adopting a different yardstick is sustainable – HELD - The bond at the time of provisional assessment is essentially to bind the Appellants to pay the differential duty at the time of final assessment and not to accept the findings of the CRCL, especially in relation to the moisture content, when there is a specific provision for determining the Fe content as well as the moisture content on the basis of the CIQ report at the discharge port. The amount of Customs duty finally payable has to be computed by the Refund Sanctioning Authority based on the value/price received by the Appellants in terms of the final commercial invoice and BRC, and the excess payments, if any, made by the Appellants at the time of provisional assessment is required to be refunded with applicable interest – The matter is remanded back to the Original Refund Sanctioning Authority to redetermine the quantum of refund and interest admissible in accordance with the law – The appeals are allowed by way of remand
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