CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL
P.K. Choudhary, Judicial Member, Rajeev Tandon, Technical Member
Jai Mata Di Trading – Appellant
Versus
Commissioner, Customs, Noida – Respondent
| Table of Content |
|---|
| 1. overview of import disputes and the role of consent in valuation. (Para 1 , 2 , 3) |
| 2. contentions regarding the involuntary nature of consent letters. (Para 4 , 5 , 6 , 7) |
| 3. judicial analysis of section 17(5) and the necessity of speaking orders. (Para 8 , 9 , 10 , 11) |
| 4. application of binding high court precedents regarding valuation rights. (Para 12) |
| 5. final outcome allowing the appeals based on established legal precedents. (Para 13) |
PER BENCH:
All the above 05 Appeals are taken up together as the issue involved is primarily whether the appeals filed by the Appellants were correctly rejected by the learned Commissioner (Appeals) holding that the Appellants accepted the enhancement of the value in writing at the time of clearance of the consignment in question.
2. Briefly stated, the facts of the case are that the Appellantsare engaged in the business of import and trading in various types of goods including Polyester Knitted Fabrics of Mix Lot (Rolls of assorted colour and weight) and have been importing the same from Hong Kong/China during the period from May to June 2019 at ICD Dadri against negotiated price. On arrival of goods, the Appellant filed the Bills
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