Writ relief against show cause notices is available where jurisdiction is absent and concluded advance rulings cannot be reopened without fresh fraud ...
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.
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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