CESTAT held that mere voluntary payment of differential duty ...

Voluntary Payment of Differential Duty Cannot Validate Improper Customs Reassessment Under Section 17 and Rule 12

February 24, 2025

Case Laws     Customs     AT

CESTAT held that mere voluntary payment of differential duty cannot validate reassessment without following proper procedures under Section 17 of Customs Act and Rule 12 of Valuation Rules. The Tribunal emphasized that transaction value declared in Bill of Entry must be basis for assessment unless rejected through prescribed methodology. Department's reliance solely on NIDB data to enhance valuation, without conducting mandatory enquiry under Rule 12 or Section 17(4) examination, was deemed procedurally deficient. A proper officer must issue speaking order for reassessment unless importer provides written acceptance. The confirmation of differential duty was set aside as it violated statutory requirements of Section 17(4) and Rule 12. Appeal allowed in favor of appellant.

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