Declared value of imported goods upheld where the disputed invoice was unrelated and no extra consideration was proved.

Declared value of imported inked ribbon rolls could not be enhanced on the basis of an invoice found inside the consignment where that invoice related to a different description of goods and was explained as having been placed there by mistake. The manufacturer's invoice on record was undisputed, and there was no evidence of additional consideration or contemporaneous imports of identical goods at a higher value. On that factual basis, the declared valuation was accepted and the consequential demand of duty, confiscation and penalty were held unsustainable in favour of the assessee.

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Issues: Whether the declared value of imported inked ribbon rolls could be enhanced on the basis of an invoice found inside the consignment, and whether the consequential demand of duty, confiscation and penalty could be sustained.

Analysis: The invoice relied upon by the department related to a different description of goods, while the imported goods were ribbon rolls. The manufacturer and supplier clarified that the invoice found with the consignment was placed there by error and did not pertain to the appellant's purchase order. The manufacturer's invoice on record was not disputed, and there was no evidence of any additional flow of consideration or of contemporaneous imports of identical goods at a higher value. In these circumstances, the sole basis for rejecting the declared value was insufficient to displace the appellant's valuation.

Conclusion: The enhancement of value was not justified and the demand of duty, confiscation and penalty were unsustainable. The finding was in favour of the assessee.

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