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    <title>2023 (5) TMI 20 - CESTAT NEW DELHI</title>
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    <description>Confiscation and penalty for alleged misdeclaration of imported paper cup machines were treated as unsustainable because the WhatsApp data was held inadmissible and unreliable without a proper panchnama and the required electronic evidence certificate, while the alleged hawala operator&#039;s retracted statement was not tested by examination or cross-examination. The declared transaction value was also not displaced, as Revenue did not follow the valuation hierarchy, relied on unauthenticated material, and used non-comparable pricing evidence. The discussion concludes that customs valuation and misdeclaration findings must rest on reliable admissible evidence and compliance with natural justice.</description>
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      <title>2023 (5) TMI 20 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=437213</link>
      <description>Confiscation and penalty for alleged misdeclaration of imported paper cup machines were treated as unsustainable because the WhatsApp data was held inadmissible and unreliable without a proper panchnama and the required electronic evidence certificate, while the alleged hawala operator&#039;s retracted statement was not tested by examination or cross-examination. The declared transaction value was also not displaced, as Revenue did not follow the valuation hierarchy, relied on unauthenticated material, and used non-comparable pricing evidence. The discussion concludes that customs valuation and misdeclaration findings must rest on reliable admissible evidence and compliance with natural justice.</description>
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