The Appellate Tribunal examined the case concerning the ...

Duty assessment dispute: Tribunal orders review of aluminium scrap import valuation after flawed appeal process.

Case Laws     Customs

November 8, 2024

The Appellate Tribunal examined the case concerning the valuation of imported aluminium scrap and the re-determination of its assessable value. The respondent had self-assessed the duty, but the Assessing Officer (AO) rejected the transaction value, citing discrepancies with contemporary import data available in the National Import Database (NIDB). However, the Commissioner (Appeals) failed to consider the reasons provided by the AO for re-determining the assessable value. Instead, the Commissioner addressed issues not considered by the AO in the speaking order and did not examine the relevant Bills of Entry that formed the basis for rejecting the transaction value. Consequently, the Appellate Tribunal held that the order passed by the Commissioner (Appeals) cannot be sustained and directed the Commissioner to pass a fresh order within four months, considering the AO's reasons for re-determining the assessable value.

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