KARACHI: The Sindh High Court (SHC) issued notices to customs department and deputy attorney general on a constitutional petition filed by M/s Gulf Enterprises, M/s Muhammad Salman, M/s Ashraf Impex and M/s Prime Chem against determination of valuation on consignments of polyester filament yarn at $1.42 per kg as against declared value at $1/20 per under Valuation Ruling No 1362/2019.
During the hearing of petition a two-member bench also directed them to file their para wise comments on next date of hearing.
The counsel for the petitioner stated in his petition that petitioners have imported consignments comprising of polyester filament yarn and on unit value of $1.20 per kg and filed goods declaration according with law and requested the appropriate officer working under customs officials to accept the declared value under section 25(1) of the Customs Act, 1969.
He further submitted that however, officials of customs without confronting the declared transaction value has denied to accept the same and proposed to assess duties and taxes on the basis of impugned Valuation Ruling No 1362/2019 dated 25/04/2019 wherein the unit value of the impugned goods are determined at $1.42 per kg as against declared value at $1/20 per kg which is much higher than the prices actually prevailing internationally.
Counsel argued that petitioners filed an appeal before the director general valuation which is pending for disposal, however, customs officials are refusing request of the petitioners for release their consignments on bank guarantees.
Citing chairman Federal Board of Revenue, collector Appraisement East, DG Valuation, Collector of Customs Appraisement West as respondents, petitioners pleaded the court to direct the respondents to allow provisional release in the present and future consignments shipped and/ or to be shipped and restrain them from taking any coercive action against the petitioners till final order in this petitions.
