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2022 (6) TMI 215 - AT - CustomsValidity of assessment order - enhancement of value as declared by the importer at the time of filing Bills of Entry - whether Customs authorities are correct in enhancing the value self-assessed by the importer on the Bill of Entry on the basis of the consent given by the importer without assigning any such reason for such enhancement? - Difference of opinion. HELD THAT:- In view of the divergent opinion expressed by various Benches of the Tribunal, this matter needs to be referred to the Larger Bench of the Tribunal. This matter is remanded to Hon’ble President for considering making reference to Larger Bench of the Tribunal the following questions of law:- (i) Whether the enhanced value as accepted for early clearance or for any reason is equivalent to the declared value on the Bill of Entry. (ii) Whether such an acceptance of the enhanced value is binding on the importer in respect of the import made by him even if he is able to show that enhanced value does not specify the requirements of Section 14 of the Customs Act. (iii) What is the scope of the Section 17 (5) of the Customs Act, 1962 making it mandatory to pass an speaking order within prescribed period by the concerned authorities in case of any changes made to self assessment made by the importer while filing the bill of entry.
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