KARACHI: The Sindh High Court (SHC) directed customs officials to file their comments on a constitutional petition filed by M/s Buksh Auto Mobile against enhancement of valuing of brake lining and friction material (clutch facing) as per Valuation Ruling of 1298/2018.
On August 3, 2018, a two-member bench, headed by Justice Abdul Rasool Memon, heard the matter.
During the hearing, counsel for the customs department argued that he needs to seek instruction from department; therefore, the court may adjourn the matter. After hearing, the court granted his request and adjourned the matter.
Counsel for the petitioner argued that it is engaged in the lawful import of brake lining and friction material (clutch facing) from China, Japan, Malaysia, Thailand, Indonesia and other countries and always fulfills all the legal formalities accordance with law and never nominated in any tax evasion case.
Counsel further argued that it imported above mentioned goods’ consignment and filed goods declaration accordance with law; however, he was informed by the officials of the customs department that valuing of the above mentioned goods has been increased as per valuation ruling 1298/2018. He argued that consignment is lying at port and it was not allowed to release due the disputed valuing.
Citing Secretary Revenue Division, chairman Federal Board of Revenue, Chief Collector of Customs South, Collector of Customs Collectorate West and Director Valuation Director General of Valuation Department as respondents, he pleaded that the court may declare the act of the respondents as illegal, mala fide and arbitrary.
He also pleaded the court to direct them to release its consignment immediately and restrain them from taking any coercive action against the petitioner.
