https://www.taxtmi.com/caselaws?id=446504 CESTAT Kolkata dismissed Revenue's appeal regarding valuation enhancement of imported artificial PU and leather cloth. The department enhanced declared value based on NIDB data and EDI system evidence without issuing mandatory speaking order under Section 17(5) of Customs Act or show cause notice. CESTAT held that value rejection and re-determination requires speaking order for natural justice compliance. Without written reassessment order, enhancement becomes arbitrary and unjustified. Commissioner (Appeals) correctly rejected lower authority's order as department failed to provide reasonable opportunity to respondents and cannot direct re-valuation without first rejecting transaction value. en-us Mon, 04 Sep 2023 00:00:00 +0530 Wed, 06 Dec 2023 08:57:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=446504 CESTAT Kolkata dismissed Revenue's appeal regarding valuation enhancement of imported artificial PU and leather cloth. The department enhanced declared value based on NIDB data and EDI system evidence without issuing mandatory speaking order under Section 17(5) of Customs Act or show cause notice. CESTAT held that value rejection and re-determination requires speaking order for natural justice compliance. Without written reassessment order, enhancement becomes arbitrary and unjustified. Commissioner (Appeals) correctly rejected lower authority's order as department failed to provide reasonable opportunity to respondents and cannot direct re-valuation without first rejecting transaction value. Case-Laws Customs Mon, 04 Sep 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=446504