KARACHI: The Sindh High Court (SHC) directed customs officials to release the consignment subject to securing the disputed amount of duty and taxes in the shape of pay order/ bank guarantee on a petition filed by M/s Wali Khan Trading Company seeking release order of its consignment of desiccated coconut stopped by customs officials due to disputed valuation.
On March 29, 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi also issued pre-admission notices to the customs department and deputy attorney general and directed them to file their para-wise comments on next date of hearing.
During the hearing, counsel for the petitioner stated in his petition that petitioner has imported a consignment comprising desiccated coconut per unit value of @$1.15 according with law and requested customs officials to release his consignment.
He further argued that petitioner is seriously aggrieved and highly prejudiced by the actions of the respondents in which they denied to accept the declared transaction value of the imported goods and are assessing the duty and taxes on the basis of the Valuation Ruling No 1012/2017 dated 13/01/2017 per unit $2.00, despite the fact that the impugned valuation ruling is not sustainable in the eyes of the law.
Citing chairman Federal Board of Revenue, collector of Customs Apprisement West, Director Valuation as respondents, petitioner pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary.
Counsel further pleaded the court may declare that non allowing provisional release of consignment is disregard/ disobeying to the orders of this court and direct them to release his consignments immediately and restrain the respondents/ their officer from any coercive action against the petitioner in respect of the past and closed consignments.
