KARACHI: The Sindh High Court (SHC) issued notices to the customs department and deputy attorney general on a constitutional petition filed by M/s Hana Dairies against enhancement of valuation of non-dairy topping cream from US$ 0.95 to US$ 1.40.
While hearing of petition, a two-member bench, headed by Justice Aqeel Ahmed Abbasi directed them to file their respective para wise comments on next date of hearing.
On Wednesday, counsel for the petitioner stated in his petition that he imported a consignment of non-dairy topping cream and filed Goods Declaration (GDs) with complete particulars of such goods, description, quantity, value and classification of the imported goods, as required under section 79 (1) (a) of the Customs Act, 1969, read with customs rules 2001.
He further argued that however, customs department enhanced the value, as per irrelevant valuation documents, therefore, respondents without considering the factual position as well as contentions fixed the value @US-1.40/kg, against US$ 0.95/kg and rejected the declared value as well as 90 days data, whereas the imported goods of raw material already cleared by the customs department was on low side, under section 25 of the customs act, 1969 under rule 107 (a) of the customs rules, S.No 1 (d) appearing in SRO 487 (1)/2007 dated 09/06/2007 and the procedure set out in chapter IX of customs rules 2001, amended vide SRO 704(1)/2007.
Citing Chairman Federal Board of Revenue, Director General Valuation, Collector Customs Appraisement West, and others as respondents, petitioner pleaded the court to declare the act of the respondents as illegal, mala fide and arbitrary.
He also pleaded the court to set aside impugned valuation and restrain them from taking any coercive action against the petitioner till final order in this petition.
