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    <title>2010 (4) TMI 634 - CESTAT, MUMBAI</title>
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    <description>A post-clearance demand for short-levied customs duty was held maintainable under Section 28 without first revising the assessment under Section 130, because Section 28 operates independently for recovery after clearance. Recorded statements admitting undervaluation and the lower declared invoice price supported enhancement of assessable value and consequential differential duty; the loading under Rule 9(2) was also upheld where freight and insurance were not shown to be ascertainable. Penalty under Section 114A was sustained on the basis of established undervaluation, but redemption fine could not survive because the goods were not available for confiscation.</description>
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    <pubDate>Wed, 28 Apr 2010 00:00:00 +0530</pubDate>
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      <title>2010 (4) TMI 634 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=201524</link>
      <description>A post-clearance demand for short-levied customs duty was held maintainable under Section 28 without first revising the assessment under Section 130, because Section 28 operates independently for recovery after clearance. Recorded statements admitting undervaluation and the lower declared invoice price supported enhancement of assessable value and consequential differential duty; the loading under Rule 9(2) was also upheld where freight and insurance were not shown to be ascertainable. Penalty under Section 114A was sustained on the basis of established undervaluation, but redemption fine could not survive because the goods were not available for confiscation.</description>
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      <pubDate>Wed, 28 Apr 2010 00:00:00 +0530</pubDate>
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