KARACHI: A division bench of The Sindh High Court (SHC) directed customs officials to consider the request of the importer for provisional release of the consignment of subject to deposit of disputed amount of duty and taxes by way of bank guarantee/ pay order before the concerned collectorate on a constitutional petition filed by M/s E-Vision Manufacturing Ltd.
While the hearing of petition, bench also issued directions that “however, the said pay order/ bank guarantee shall not be enchased till further orders of this court and to submit compliance on the next date of hearing”.
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Earlier, counsel for the petitioner states that petitioner has imported a consignment comprising pet flakes, pet bottles waste on the unit value of US$ 0.24 per kg and on arrival of the impugned goods, the petitioner has filed goods declaration and requested the appropriate officer of the customs department to accept declare value and finalize the assessment accordingly.
He further submits that however, customs officials without confronting the declared transaction value has denied to accept the same and proposed to assess the duty and taxes on the basis of data base value US$ 0.450 per kg without following the sequential method.
Citing Chairman FBR, The Collector of Customs MCC Appraisement PMBQ and Director Valuation as respondents, petitioner pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary.
He further pleaded the court may direct them to accept the transaction value of the impugned goods as reflected in commercial invoice, letter of credit and bank contract and implement the legislative provisions of section 25 (1) of the customs act, 1969.
Court also issued pre-admission notices to the customs department and deputy attorney general of Pakistan and directing them to file their para wise comments on next date of hearing.
