KARACHI: The Sindh High Court (SHC) issued notices to the customs department and deputy attorney general directing them to make sure filing their para wise comments on a petition filed by Imtiaz Hussain, proprietor of Imtiaz Provision Store (Imtiaz Super Store) seeking release order for consignments of Tang drinking powder imported from UAE due to disputed valuation.
On June 03, 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter.
During the hearing, counsel for the petitioner stated in his petition that during the course of its business, the petitioner’ business concern imported from UAE, a consignment comprising mainly of miscellaneous food stuffs, including Tang drinking powder and filed goods declaration according with law.
He submitted that however, customs officials did not accept values of the subject goods and assessed the same @ $1.22/kg purportedly in terms of the letter dated 25/04/2019 as issued by the customs officials and directed assessment of Tang drinking powder at $1.22/kg.
He argued that there is no provision under the Customs Act, 1969 whereby direction as to assessment of customs value could be effected in the manner as envisaged in the impugned letter.
He further argued that respondents have acted in an illegal and without-jurisdiction manner in issuing the impugned letter and applying it to the petitioner’s subject consignment and also in issuing audit observations as to his past consignments on account whereof the petitioner’s business has been severely and adversely affected, leaving the petitioner with no alternate and efficacious remedy and excepted to invoke the constitutional jurisdiction of this court.
Citing chairman Federal Board of Revenue, collector of Customs Appraisement East, West and others as respondents, petitioner pleaded the court to declare that impugned letter issued by respondents as outright illegal and without-jurisdiction and to set aside/strike down the same. He further pleaded the court to direct them to release his consignment of said goods immediately.
