Customs valuation rejected earlier invoice as non-contemporaneous evidence; declared transaction value accepted for assessment.

Declared transaction value for imported goods could not be rejected on the basis of an earlier invoice from the same foreign supplier, because the earlier document was not reliable contemporaneous evidence. A gap of about four months, differences in quantity, and correspondence indicating a commercial reduction in price showed that the relied-upon invoice was not suitable for fixing the value of the present consignment. The declared transaction value was therefore accepted as the correct basis of assessment, and the enhancement of assessable value was held unsustainable.

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Issues: Whether the declared transaction value of the imported goods could be rejected and the assessable value enhanced on the basis of an earlier invoice of the same foreign supplier.

Analysis: The enhancement was founded on an earlier import invoice relied upon as comparable evidence. The gap of about four months between the two imports, the difference in quantity imported, and the correspondence showing a commercial reduction in price indicated that the relied upon invoice was not reliable contemporaneous evidence for fixing the value of the present consignment. In these circumstances, the declared transaction value was found to be the correct basis for assessment.

Conclusion: The rejection of the declared value and the corresponding enhancement of assessable value were not sustainable, and the appeal was allowed.

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