2026-VIL-658-CESTAT-HYD-CU
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CUSTOMS CESTAT Cases

Customs - Provisional assessment of Shipping bills, Reduction in unit price based on contract addendum, higher duty on lumps in iron ore fines consignment - Appellant entered into an agreement with a Chinese buyer to supply iron ore fines at a unit price of USD 136 PDMT FOB. The assessment of the shipping bills was kept provisional, and later finalized based on the final commercial invoice, Bank Realization Certificate, Bill of Lading, etc. The assessing officer considered the originally declared FOB value and iron content, despite the test report finding higher iron content. The officer also levied higher rate of duty on 2.48% of the consignment treated as lumps - Whether the appellant has received the refund in accordance with proper assessment of the shipping bills – HELD - The contract underwent certain changes by way of an addendum due to the percentage of iron content, leading to a reduction in the unit price. The assessing officer failed to appreciate these modifications in the original contract and did not consider the revised unit price based on the actual moisture content and iron content. Further, the entire consignment should be considered as iron ore fines if the portion of lumps is within a certain limit - The order of the Commissioner (Appeals) is set aside and the matter is matter back to the original authority to finalize the assessment, taking into account the contract amendments and the relevant judgments, and sanction the refund, if any, as per law – The appeal is allowed by remand
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