Import valuation enhancement set aside where contemporaneous import evidence was ignored and the revised value basis was not disclosed.

Enhancement of the assessable value of imported goods was unsustainable where the importer had furnished contemporaneous import details and the record did not disclose the basis for the revised value. The related-party status of the overseas supplier was not in dispute, but the lower authorities failed to examine the materials produced before them. The enhanced valuation was set aside and the matter was remanded to the adjudicating authority for fresh consideration of the contemporaneous import evidence and the valuation basis.

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Issues: Whether the enhancement of assessable value of the imported goods was sustainable and whether the matter required reconsideration in light of the contemporaneous import details furnished by the importer.

Analysis: The overseas supplier was not in dispute as a related party, and the importer had waived show cause notice and personal hearing while seeking assessment. The importer also produced contemporaneous import details. The lower authorities did not examine those materials and the order did not disclose the basis on which the enhanced value was worked out. In these circumstances, the assessment could not be sustained on the existing record.

Conclusion: The enhancement of value was set aside and the matter was remanded to the adjudicating authority for fresh consideration, including the contemporaneous import evidence.

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