ALO Law Office- IDT Tax I Arbitration I Litigation
Date: 03.05.2025
CESTAT New Delhi- The reassessment was held to be invalid and legally unsustainable
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Principal Bench, New Delhi, ruled in favour of M/s Trina Steelcarb Pvt. Ltd., setting aside a reassessment order that enhanced the assessable value of imported goods without issuing a speaking order as mandated under Section 17(5) of the Customs Act, 1962.
CESTATβs Key Observations:
1. Violation of Section 17(5): The Tribunal found that the assessing officer failed to issue a speaking order despite the reassessment being contrary to the importer’s declared self-assessment and without written acceptance. Section 17(5) mandates issuance of a speaking order within 15 days in such cases.
This Article has been written by Shri Ravi Shekhar Jha, Advocate Delhi High Court based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.
Source: CESTAT New Delhi
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