Faceless reassessment jurisdiction turned on retrospective AO definition, with later faceless-assessment changes treated as clarificatory and procedur...
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The case pertains to the rejection of self-assessed value of imported aluminium scrap and determination of the method for valuation. The key points are: rejection of the transaction value declared by importers in Bills of Entry is permissible u/s 14 of the Customs Act and Valuation Rules if the proper officer has reasonable doubts about its truth or accuracy, even without payment of additional consideration. The proper officer followed due procedure by recording reasons and communicating them to importers. The Commissioner (Appeals) erred in holding that transaction value could not be rejected. After rejecting the declared value, the Deputy Commissioner was required to re-determine the value as per the Valuation Rules. However, the reasoning for applying Rule 5 was cryptic and not examined by the Commissioner (Appeals). Hence, the matter is remitted to the Deputy Commissioner for re-determining the value in accordance with the Customs Act and Valuation Rules.
The case pertains to the rejection of self-assessed value of imported aluminium scrap and determination of the method for valuation. The key points are: rejection of the transaction value declared by importers in Bills of Entry is permissible u/s 14 of the Customs Act and Valuation Rules if the proper officer has reasonable doubts about its truth or accuracy, even without payment of additional consideration. The proper officer followed due procedure by recording reasons and communicating them to importers. The Commissioner (Appeals) erred in holding that transaction value could not be rejected. After rejecting the declared value, the Deputy Commissioner was required to re-determine the value as per the Valuation Rules. However, the reasoning for applying Rule 5 was cryptic and not examined by the Commissioner (Appeals). Hence, the matter is remitted to the Deputy Commissioner for re-determining the value in accordance with the Customs Act and Valuation Rules.
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