Imported goods classified under incorrect tariff heading, ...
Importers denied fair hearing on product classification, CESTAT orders remand for cross-examination & test report access.
October 18, 2024
Case Laws Customs AT
Imported goods classified under incorrect tariff heading, appellants denied opportunity for cross-examination and access to test reports, violation of natural justice principles. CESTAT remanded matter to original adjudicating authority with directions to provide test report copies, allow cross-examination of CEPCI representatives. Appellants' submissions regarding roasting method, buyer specifications, third-party certifications not adequately examined. Onus on revenue to establish claimed classification in case of divergent interpretations. Appeal allowed for remand to address procedural lapses.
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