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Rules 4–6 of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007: transaction value of identical goods and of similar goods, and the order in which the other methods apply

Rule 4 values goods at the transaction value of identical goods sold for export to India and imported at or about the same time; rule 5 does the same with similar goods...

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Last updated: October 2026Verified against: Government sources

When the declared price cannot be accepted under rule 3, customs moves down a ladder of methods. Rules 4 and 5 are the first two rungs: the transaction value of identical goods and then of similar goods. Rule 6 says what follows: rule 7 (deductive value) or rule 8 (computed value), in an order the importer can ask to reverse. If customs has proposed a comparison value for your goods, our compliance advisory team can test it.

This article is written as amended up to Notification No. 91/2017-Customs (N.T.) dated 26 September 2017 (CBIC text; no later amending notification found). Later notifications should be checked; no official consolidated text exists beyond the CBIC text.

Rule 4: identical goods

Rule 4(1)(a) says that, subject to rule 3, the value of imported goods shall be the transaction value of identical goods sold for export to India and imported at or about the same time as the goods being valued. "Identical goods" has the meaning in rule 2(1)(d); see our article on rules 1 and 2.

Proviso. The transaction value used "shall not be the value of the goods provisionally assessed under section 18 of the Customs Act, 1962". A provisional assessment cannot be the benchmark; read the guide to section 18 for provisional assessment itself.

Level and quantity (clauses (b) and (c))

  • Clause (b): use the transaction value of identical goods in a sale at the same commercial level and in substantially the same quantity as the goods being valued.
  • Clause (c): where no such sale is found, use a sale at a different commercial level, or in different quantities, or both, adjusted for the difference. The adjustment must rest on "demonstrated evidence which clearly establishes the reasonableness and accuracy of the adjustments, whether such adjustment leads to an increase or decrease in the value."

For example, Bharat Valves Ltd imports 10 control valves from an overseas maker. The only comparable sale of identical valves was a bulk sale of 500 units to another Indian buyer. A price list issued by the maker with prices for different quantity bands can support an adjustment. Without objective evidence of that kind, clause (c) does not permit a guess.

Transport differences (sub-rule (2))

Where the costs and charges in rule 10(2) (transport, loading, unloading, handling and insurance to the place of importation) are included in the identical goods' transaction value, an adjustment is made if there are significant differences in those costs between the goods being valued and the identical goods, arising from differences in distances and means of transport. See our article on rule 10.

The lowest value (sub-rule (3))

If more than one transaction value of identical goods is found, "the lowest such value shall be used".

Rule 5: similar goods

Rule 5(1) mirrors rule 4(1)(a): subject to rule 3, the value is the transaction value of similar goods sold for export to India and imported at or about the same time, again with the same proviso excluding provisionally assessed values. Rule 5(2) applies clauses (b) and (c) of rule 4(1), rule 4(2) and rule 4(3) "mutatis mutandis". So the level and quantity logic, the transport adjustment and the lowest-value rule all carry over.

PointRule 4 (identical goods)Rule 5 (similar goods)
Starting pointTransaction value of identical goodsTransaction value of similar goods
TimingSold for export to India, imported at or about the same timeSame
Provisional valuesExcluded by provisoExcluded by proviso
Level and quantityClauses (b) and (c)Carried over by rule 5(2)
Transport differencesSub-rule (2)Carried over by rule 5(2)
More than one valueLowest usedCarried over by rule 5(2)

The ladder is sequential. Under rule 3(4) and the Explanation to rule 12, a value is determined "by proceeding sequentially" through rules 4 to 9. Our article on rule 3 explains how valuation reaches this point, and the article on rules 11 and 12 covers rejection of the declared value.

Rule 6: what comes after rules 3, 4 and 5

Rule 6 says: "If the value of imported goods cannot be determined under the provisions of rules 3, 4 and 5, the value shall be determined under the provisions of rule 7 or, when the value cannot be determined under that rule, under rule 8."

Proviso: "at the request of the importer, and with the approval of the proper officer, the order of application of rules 7 and 8 shall be reversed." Two things are needed: the importer's request and the proper officer's approval. An importer who holds full cost data from a related producer may prefer computed value (rule 8) first; one who knows resale prices in India may prefer deductive value. Our article on rules 7 to 9 explains both.

Practical checklist

  1. Identify whether any identical goods (same producer or country, same reputation) were sold for export to India at about the same time.
  2. Confirm that candidate values were accepted under rule 3 and are not provisional.
  3. Gather price lists or other evidence for any quantity or commercial-level adjustment.
  4. If several values exist, expect the lowest to be used.
  5. If identical and similar goods fail, consider whether to request the reversal of rules 7 and 8.

For pricing disputes, see our general guide to customs valuation and the Customs Act section 14 article.

Need help with comparison values?

If customs has proposed a value based on other shipments of identical or similar goods, we can test whether the comparison meets rules 4 and 5 and whether an adjustment should apply. Talk to our compliance advisory team.

Key takeaways

  • Rule 4 values by identical goods; rule 5 by similar goods, both at or about the same time.
  • Provisionally assessed values cannot serve as the comparison.
  • Adjustments for level, quantity or transport need demonstrated evidence.
  • If more than one value is found, the lowest is used.
  • Rule 6 moves to rule 7, then rule 8, and the importer can request reversal with the proper officer's approval.

Read next

Disclaimer: Based on the customs rules named above as published on the CBIC Tax Information Portal and, for sets amended since 2023, the amending notifications (read through a TaxClue consolidated reading text; no official consolidated text exists), as consulted on 3 October 2026. Later notifications, rates and the Customs Act, 1962 provisions referred to should be checked. This article is general information, not legal advice; check the official text before acting.

Quick recapKey facts & short answers

Key Facts About Rules 4

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

What is the value of identical goods method?

Rule 4 takes the transaction value of identical goods sold for export to India and imported at or about the same time as the goods being valued.

Can a provisionally assessed value be used as the comparison?

No. The provisos to rules 4(1)(a) and 5(1) exclude the value of goods provisionally assessed under section 18 of the Customs Act, 1962.

A due date missed is rarely a matter of law — it is almost always a matter of calendar.

— TaxClue Compliance Desk

Rules 4: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Rule 4 takes the transaction value of identical goods sold for export to India and imported at or about the same time as the goods being valued.

No. The provisos to rules 4(1)(a) and 5(1) exclude the value of goods provisionally assessed under section 18 of the Customs Act, 1962.

Under rule 4(1)(c), where no sale at the same level and quantity is found, and only on demonstrated evidence that clearly establishes the reasonableness and accuracy of the adjustment.

Rule 4(3) says the lowest value is used. Rule 5(2) applies that to similar goods.

Yes, by request. The proviso to rule 6 reverses the order of rules 7 and 8 at the importer's request and with the approval of the proper officer.

Rule 5(2) applies clauses (b) and (c) of rule 4(1), rule 4(2) and rule 4(3) to similar goods mutatis mutandis.