Contemporaneous import value evidence upheld enhancement of declared value for imported calculators and rejected stock-lot defence.

Contemporaneous import prices justified enhancement of the declared value of imported calculators where the invoice and carton both identified the goods as CT-500 models and their identity was established. The department's price evidence was not displaced, and the earlier factual reasoning that the goods were different, were stock lots, or required the department to disprove the importer's claim was found unsustainable. The cited Supreme Court authority was held inapplicable on these facts, so the value loading was upheld, the Commissioner (Appeals) order was set aside, and the Revenue's appeal succeeded.

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Issues: Whether the enhancement of declared value of imported goods on the basis of contemporaneous imports was justified and whether the Commissioner (Appeals) was in setting aside the order of confiscation, redemption fine and penalty.

Analysis: The imported calculators were described as CT-500 calculators in the invoice and on the carton, and the identity of the goods as the imported model stood established. The contemporaneous import price relied upon by the department was not successfully dislodged. The earlier reasoning that the goods were different, that they were stock lot, and that the department had to disprove the importers' claim, was found unsustainable on facts. The reliance on the cited Supreme Court decision was held inapplicable to the present facts.

Conclusion: The loading of value was upheld and the order of the Commissioner (Appeals) was set aside; the Revenue's appeal was allowed.

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