CESTAT held that appellant's challenge to valuation enhancement...

CESTAT held that appellant's challenge to valuation enhancement failed as they had previously imported identical goods (4000 oath tokens) at USD 50 but later declared similar goods at USD 6.5. Having previously accepted the USD 50 valuation, appellant cannot now object to this basis for redetermination. However, since the assessments were provisional (as marked on the bills of entry), the tribunal ruled that investigation and penalty imposition were premature without finalized assessments. The tribunal allowed the appeal by way of remand, affirming the Commissioner's redetermined valuation while recognizing the provisional nature of the assessment precluded penalties at this stage.

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