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The CESTAT set aside the impugned order enhancing the valuation of imported Slack Wax due to procedural infirmities and violation of natural justice. The Tribunal found the reassessment based on non-speaking orders lacking reasoned justification and absent any opportunity for the appellant to rebut valuation data. The reliance on a deemed price was legally impermissible following amendments to Section 14 of the Customs Act, 1962, mandating transaction value as the basis for assessment. The Commissioner (Appeals) erred by improperly shifting the burden of proof onto the appellant and failing to collect or confront relevant evidence. Given the absence of factual foundation and the significant delay of over a decade, the Tribunal declined to remit the matter for fresh adjudication, concluding that the entire reassessment process was flawed and unsustainable in law. The appeal was accordingly allowed, and the impugned order quashed.
The CESTAT set aside the impugned order enhancing the valuation of imported Slack Wax due to procedural infirmities and violation of natural justice. The Tribunal found the reassessment based on non-speaking orders lacking reasoned justification and absent any opportunity for the appellant to rebut valuation data. The reliance on a deemed price was legally impermissible following amendments to Section 14 of the Customs Act, 1962, mandating transaction value as the basis for assessment. The Commissioner (Appeals) erred by improperly shifting the burden of proof onto the appellant and failing to collect or confront relevant evidence. Given the absence of factual foundation and the significant delay of over a decade, the Tribunal declined to remit the matter for fresh adjudication, concluding that the entire reassessment process was flawed and unsustainable in law. The appeal was accordingly allowed, and the impugned order quashed.
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