Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
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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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