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    <title>2025 (12) TMI 835 - CESTAT CHENNAI</title>
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    <description>CESTAT set aside the impugned OIO in toto, allowing the appeal of the importer. It held that the rejection of transaction value and enhancement of assessable value based solely on comparison with prices of other importers was unsustainable without cogent evidence of undervaluation, mutuality of interest, or flowback of additional consideration. Reliance on unsigned foreign export documents not supplied to the importer violated principles of natural justice. Statements recorded under s.108 CA, 1962 were held irrelevant for non-compliance with s.138B, as the deponents were neither examined nor offered for cross-examination. Consequently, redetermination of value, duty demands, confiscation, redemption fines, and penalties were all quashed.</description>
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    <pubDate>Thu, 11 Dec 2025 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=783295</link>
      <description>CESTAT set aside the impugned OIO in toto, allowing the appeal of the importer. It held that the rejection of transaction value and enhancement of assessable value based solely on comparison with prices of other importers was unsustainable without cogent evidence of undervaluation, mutuality of interest, or flowback of additional consideration. Reliance on unsigned foreign export documents not supplied to the importer violated principles of natural justice. Statements recorded under s.108 CA, 1962 were held irrelevant for non-compliance with s.138B, as the deponents were neither examined nor offered for cross-examination. Consequently, redetermination of value, duty demands, confiscation, redemption fines, and penalties were all quashed.</description>
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