2024 (4) TMI 636

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....e following three issues to be decided by a Larger Bench of the Tribunal:- (i) Whether the enhanced value as accepted for early clearance or for any reason is equivalent to the declared value on the Bill of Entry; (ii) Whether such an acceptance of the enhanced value is binding on the importer in respect of the import made by him even if he is able to show that enhanced value does not specify the requirements of Section 14 of the Customs Act; and (iii) What is the scope of the Section 17 (5) of the Customs Act, 1962 making it mandatory to pass an speaking order within prescribed period by the concerned authorities in case of any changes made to self-assessment made by the importer while filing the bill of entry. ....

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....nch, in connection with the contention of the appellant that the appellant had never given consent to the enhanced value and infact there was no evidence even to suggest that the appellant had ever agreed to the reassessed value, merely referred to the order passed by the Commissioner (Appeals), wherein reference was made to a Division Bench decision of the Tribunal in Commissioner of Customs vs. M/s. Hanuman Prasad & Sons Customs Appeal No. 51601 of 2019 decided on 20.10.2020. The Division Bench, after reproducing a portion of the order of the Commissioner (Appeals), made the following observations while rejecting the Miscellaneous Application filed by the appellant: "3.3 The basic reliance from the above is on the fact that the a....