Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
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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