Bharat Mines And Minerals Vs Commissioner of Customs (CESTAT Chennai)
CESTAT Chennai held that for the purpose of charging export duty the assessment of Iron Ore for determination of Fe contents shall be made on the basis of Wet Metric Ton for period prior to 1st May 2022. Accordingly, appeals allowed and orders set aside.
Facts- The appellants herein are partnership firms engaged in the business of mining and export of iron ore. Pursuant to a DRI investigation, the department being of the view that the appellants had realised higher value than the value on which the exporter had paid export duty on the iron ore exported, issued show cause notices invoking the extended period of limitation u/s. 28(4) of the Customs Act, proposing to redetermine the value. The Notice also contained proposals to demand interest and impose penalties. In respect of the appellant M/s Bharat Mines and Minerals, there was an additional issue of demand of differential customs duty based on the change in rate of tax, vide Notification no.79/2008-cus. dated 13.06.2008.
After due process of law, the demands were confirmed and penalties were imposed by the respective adjudicating authorities as detailed in the respective Orders in Original. The appeal preferred by the appellant VS Lad and Sons before the First Appellate Authority didn’t succeed and the Appellate Authority upheld the Order in Original. Aggrieved by the impugned orders, having preferred these appeals, the appellants are before this Tribunal.
