CESTAT set aside the impugned order concerning undervaluation of ...

Customs Valuation Rules Must Follow Section 14 Procedures: CESTAT Overturns Order for Bypassing Two-Step Verification

March 21, 2025

Case Laws     Customs     AT

CESTAT set aside the impugned order concerning undervaluation of imported goods, finding it vitiated by arbitrariness. The tribunal determined that proper authorities failed to comply with the two-step verification and examination exercise mandated by the Supreme Court in Century Metal Recycling. Revenue authorities did not follow the procedure under Rule 12(2) of CVR, 2007, and improperly relied solely on statement declarations to establish transaction value. Additionally, appellant's request for cross-examination was denied, raising procedural fairness concerns. CESTAT held that Rule 9 cannot be interpreted in violation of Section 14 of the Customs Act, as rules remain subservient to the parent Act. Appeal disposed of accordingly.

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