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Rebuttable search presumptions and corroboration standards shaped deletion of unsubstantiated additions, while rental income and limited profit estima...
CESTAT Kolkata held that violation of principles of natural justice occurred due to non-passing of a speaking order u/s 17(5) of the Customs Act, 1962. The rejection of the declared value without reasons or evidence was deemed improper. The Proper Officer failed to pass a speaking order for enhancement of declared value within the specified timeframe, rendering the enhanced value unsustainable. The adjudicating authority did not provide reasons for rejecting the transaction value u/s 17(5). Consequently, the declared value by the respondent was upheld, leading to the dismissal of the Revenue's appeal.
CESTAT Kolkata held that violation of principles of natural justice occurred due to non-passing of a speaking order u/s 17(5) of the Customs Act, 1962. The rejection of the declared value without reasons or evidence was deemed improper. The Proper Officer failed to pass a speaking order for enhancement of declared value within the specified timeframe, rendering the enhanced value unsustainable. The adjudicating authority did not provide reasons for rejecting the transaction value u/s 17(5). Consequently, the declared value by the respondent was upheld, leading to the dismissal of the Revenue's appeal.
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