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        Customs

        CESTAT allowed the appeal, finding the Assessing Officer's...

        Customs Valuation: Arbitrary Value Loading Rejected, Original Assessment Restored Under Procedural Fairness Principles

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                CESTAT allowed the appeal, finding the Assessing Officer's re-assessment of imported goods' value unlawful. The tribunal held that neither Customs Act nor Valuation Rules permit "loading of value" by the Assessing Officer. The re-assessment was conducted without legal authority, and a critical procedural violation occurred by not issuing a mandatory speaking order, which constituted a breach of principles of natural justice. The Commissioner's (Appeals) order upholding the re-assessment was consequently set aside, with the original Bill of Entry assessment reinstated.
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