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    <title>2003 (5) TMI 396 - CESTAT, MUMBAI</title>
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    <description>Rectification under customs valuation law was held unavailable where the alleged omissions concerned issues already considered and rejected in the earlier order. Non-consideration of clauses (b) and (d) of the proviso to Rule 4(2) of the Customs Valuation Rules, 1988 was not a mistake apparent from the record because the department was effectively seeking to introduce a new case not raised in the notice or the Commissioner&#039;s order. Documents not specifically relied upon in the notice and not properly brought on record were treated as additional evidence requiring a formal application; absent that, no apparent error arose. The rectification applications were therefore rejected as attempts to reopen the merits.</description>
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    <pubDate>Fri, 23 May 2003 00:00:00 +0530</pubDate>
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      <title>2003 (5) TMI 396 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=108995</link>
      <description>Rectification under customs valuation law was held unavailable where the alleged omissions concerned issues already considered and rejected in the earlier order. Non-consideration of clauses (b) and (d) of the proviso to Rule 4(2) of the Customs Valuation Rules, 1988 was not a mistake apparent from the record because the department was effectively seeking to introduce a new case not raised in the notice or the Commissioner&#039;s order. Documents not specifically relied upon in the notice and not properly brought on record were treated as additional evidence requiring a formal application; absent that, no apparent error arose. The rectification applications were therefore rejected as attempts to reopen the merits.</description>
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