2025-VIL-1982-CESTAT-HYD-CU
  1. Home
  2. 2025-VIL-1982-CESTAT-HYD-CU

CUSTOMS CESTAT Cases

Customs – Export of iron ore – Redetermination of transaction value – Demand of duty – In all these appeals, different Appellants/exporters, who were engaged in export of iron ore, have come in appeal either in respect of rejection of their refund claims in full or part on finalization of provisional assessment or in view of demand made for payment of additional duty as a consequence to finalization – Whether rejection of transaction value declared by Appellants at time of export is sustainable – HELD – Based on documents furnished by Appellants/exporters, department finalized shipping bills and as a consequence, granted them refunds either in view of excess payment made at time of export in respect of provisionally assessed shipping bills or demanded/adjusted duty short paid. Appellants are aggrieved that said calculation of refunds or demand is based on wrong redetermination of value of export. There is no dispute that Appellants/exporters have realized any amount over and above what had been declared in final invoice. When there is no major deviation in terms of parameters and they being within tolerance limit or accepted norms as agreed upon by both sides in terms of contracts, department could not have rejected transaction value declared by Appellants at time of final assessment and adopted contemporaneous price and worked out the refund based on said re-determined value. Demand raised on account of redetermination of transaction value applying any contemporaneous value would not sustain and to that extent, demand will be set aside. However, insofar as re-computation of refund amount is concerned, matter is remanded back to Original Authority to re-compute total amount of refund admissible – Appeals partly allowed
Download File

Quick Search

/

Advance Search

GST Resources

/

Gst Rate Finder

Tax Vista

Your Weekly Tax Recap

By Kasi Viswanathan V

Weekly Summary

VIL Video

GSTR-9 & GSTR-9C of FY24-25
By CA Vivek Jalan

Create Account

Security-Code
New Code?

Log In

New User ? Forgot Password ?

Forgot Password

Security-Code
New Code?
Please Note: This facility is only for Subscribing Members.

Email this page

Feedback this page

Schedule a Demo

Schedule a demo to know the features and advantages of VILGST portal. Get to know the tips to find the desired results in faster way.

Caselaw Request Form (CRF)

Didn’t find what you are searching for? No worries, please give us the following details and VIL will email you the desired Caselaws at the earliest:

Security-Code
New Code?