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    <title>2013 (9) TMI 546 - CESTAT MUMBAI</title>
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    <description>Denial of cross-examination of the investigating officer and forensic officer was treated as a breach of natural justice because the appellants needed to test the authenticity and handling of the pen drive evidence; the adjudication was therefore unsustainable. The valuation enhancement of aluminium scrap was also found legally unsupportable because the Customs Valuation Rules require rejection of declared value and re-determination through the prescribed statutory sequence, including contemporaneous import data, rather than a prime-metal-linked discount model based on assumed correlation with LME prices. The matter was remitted for fresh adjudication with cross-examination allowed and the import evidence examined on merits.</description>
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      <link>https://www.taxtmi.com/caselaws?id=237114</link>
      <description>Denial of cross-examination of the investigating officer and forensic officer was treated as a breach of natural justice because the appellants needed to test the authenticity and handling of the pen drive evidence; the adjudication was therefore unsustainable. The valuation enhancement of aluminium scrap was also found legally unsupportable because the Customs Valuation Rules require rejection of declared value and re-determination through the prescribed statutory sequence, including contemporaneous import data, rather than a prime-metal-linked discount model based on assumed correlation with LME prices. The matter was remitted for fresh adjudication with cross-examination allowed and the import evidence examined on merits.</description>
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