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    <title>2021 (6) TMI 171 - CESTAT NEW DELHI</title>
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    <description>Unretracted admissions by an importer that invoices were manipulated and the declared price was lower than the actual price were treated as sufficient to reject transaction value and sustain undervaluation demand against that importer, even without contemporaneous import data or market enquiry. By contrast, the same confession could not be used to fasten demand or penalties on other importing firms and their proprietors without independent corroboration or separate evidence of participation. Separate penalties on a proprietorship concern and its proprietor for the same conduct were also held unsustainable. The appeals were therefore partly allowed, with relief granted to the other noticees and to the duplicate penal action.</description>
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      <link>https://www.taxtmi.com/caselaws?id=408275</link>
      <description>Unretracted admissions by an importer that invoices were manipulated and the declared price was lower than the actual price were treated as sufficient to reject transaction value and sustain undervaluation demand against that importer, even without contemporaneous import data or market enquiry. By contrast, the same confession could not be used to fasten demand or penalties on other importing firms and their proprietors without independent corroboration or separate evidence of participation. Separate penalties on a proprietorship concern and its proprietor for the same conduct were also held unsustainable. The appeals were therefore partly allowed, with relief granted to the other noticees and to the duplicate penal action.</description>
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