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The CESTAT allowed the appeal and set aside the impugned orders to the extent they upheld demands of differential customs duty, interest and penalties. The Tribunal held that the transaction value declared at importation, which had been scrutinised and enhanced by the proper officer at assessment and clearance, could not be further re-determined absent cogent reasons prescribed under s.14 of the Customs Act and the Customs Valuation Rules. The Department failed to discharge the burden of proving under-valuation or illicit flowbacks; reliance primarily on a statement of a co-appellant was inadequate. Consequently, reassessment and penal consequences premised on purported suppression or misdeclaration were quashed.
The CESTAT allowed the appeal and set aside the impugned orders to the extent they upheld demands of differential customs duty, interest and penalties. The Tribunal held that the transaction value declared at importation, which had been scrutinised and enhanced by the proper officer at assessment and clearance, could not be further re-determined absent cogent reasons prescribed under s.14 of the Customs Act and the Customs Valuation Rules. The Department failed to discharge the burden of proving under-valuation or illicit flowbacks; reliance primarily on a statement of a co-appellant was inadequate. Consequently, reassessment and penal consequences premised on purported suppression or misdeclaration were quashed.
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