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Issues: Whether the Tribunal was justified in remanding the matter to the original Assessing Authority for reassessment and sharing the basis of enhancement of value with the importer.
Analysis: The assessment of imported goods had to comply with Section 14 of the Customs Act, 1962 and the Customs Valuation Rules. The mere admission or acceptance of the enhanced value by the importer did not dispense with the requirement that the Revenue must have a lawful basis for rejecting the transaction value and redetermining assessable value. Since the basis for enhancement was not forthcoming from the original assessment order, the matter could not be left unresolved. The remand was directed so that the basis of re-assessment could be shared with the importer and a speaking order could thereafter be passed after giving an opportunity to rebut the enhancement.
Conclusion: The remand by the Tribunal was upheld and the appeal was dismissed.