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    <title>2024 (3) TMI 1248 - CESTAT CHANDIGARH</title>
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    <description>Re-determination of the value of imported second-hand machinery was impermissible where the original assessment had already been completed, the declared value had been enhanced at import, and that assessment had attained finality. A subsequent valuation exercise based on a later Chartered Engineer certificate, statements, and material from other consignments could not justify reopening the same assessment or support confiscation, duty demand, or penalties. Denial of cross-examination of the Chartered Engineer also breached natural justice. The operative effect is that valuation cannot be reopened on the same goods without lawful basis, and evidence from other consignments cannot by itself sustain undervaluation findings.</description>
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    <pubDate>Thu, 28 Mar 2024 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=750751</link>
      <description>Re-determination of the value of imported second-hand machinery was impermissible where the original assessment had already been completed, the declared value had been enhanced at import, and that assessment had attained finality. A subsequent valuation exercise based on a later Chartered Engineer certificate, statements, and material from other consignments could not justify reopening the same assessment or support confiscation, duty demand, or penalties. Denial of cross-examination of the Chartered Engineer also breached natural justice. The operative effect is that valuation cannot be reopened on the same goods without lawful basis, and evidence from other consignments cannot by itself sustain undervaluation findings.</description>
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      <pubDate>Thu, 28 Mar 2024 00:00:00 +0530</pubDate>
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