2024 (1) TMI 1088

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... goods under CTH 9025 1910. 1.2 It appears that on account of an alert circular issued by the DRI, New Delhi, in connection with excessive undervaluation in the import of non-contact infrared thermometer, the importer was asked to justify the valuation declared by it. 2.  It appears, in response, that the importer paid the duty under protest, requesting the original authority to issue speaking order, since, according to it, the cargo was urgently required. Accordingly, original authority issued a speaking order No. 501/2020 ACC dated 07.09.2020, rejecting the self- assessment of the importer, thereby re-assessing at a higher value, against which the importer filed an appeal before the first appellate authority, who vide Order-in-Appe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....relied upon by the first appellate authority are in the nature of fresh evidences which were never put across to the appellant for rebuttal or were not forming part of the records before the original authority and hence, the impugned order is required to be set aside at once. 5.2 He would elaborate that even the first appellate authority has not brought on record as to how the alleged contemporaneous imports were comparable with the import of the appellant herein; in any case, principles of natural justice have been violated by the first appellate authority who had introduced the contemporaneous imports for the first time in his order, which were not shared with the appellant for rebuttal. 5.3 Ld. Advocate also contended that the enhancem....