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    <title>2018 (2) TMI 31 - CESTAT MUMBAI</title>
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    <description>Customs valuation of non-ferrous scrap requires credible corroborative evidence before the declared transaction value can be rejected. Retraction of earlier statements, particularly where they are alleged to have been made under duress, weakens their evidentiary value and cannot by itself support enhancement. A foreign report also cannot justify reassessment where it relates to different goods and is not connected to the impugned consignments. The department must first discharge the burden of proving under-valuation with legally relevant material, ordinarily including contemporaneous imports of identical or similar goods; suspicion alone is insufficient. On these facts, the enhancement of value and the consequential penalties were set aside.</description>
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      <title>2018 (2) TMI 31 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=354610</link>
      <description>Customs valuation of non-ferrous scrap requires credible corroborative evidence before the declared transaction value can be rejected. Retraction of earlier statements, particularly where they are alleged to have been made under duress, weakens their evidentiary value and cannot by itself support enhancement. A foreign report also cannot justify reassessment where it relates to different goods and is not connected to the impugned consignments. The department must first discharge the burden of proving under-valuation with legally relevant material, ordinarily including contemporaneous imports of identical or similar goods; suspicion alone is insufficient. On these facts, the enhancement of value and the consequential penalties were set aside.</description>
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