KARACHI: The Sindh High Court (SHC) issued notices to the customs officials and deputy attorney general of Pakistan on a constitutional petition filed by M/s Khyber Traders against detention of its imported consignment of body spray under the grab of valuation ruling 1536/2021.
On 20 August 2021, during the hearing, counsel for the petitioner argued that his counsel imported a consignment comprising of body spray and roll on the entered into contracts with the supplier’s M/s New Horizons UK Ltd, United Kingdom, on transaction invoice at US$ 9010.20 as agreed with the supplier, on arrival of the goods at Karachi dated July 05, 2021 under section 79 of the customs act, 1969 and requested the appropriate officer to accept the declared value.
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He further submitted that petitioner is seriously aggrieved and highly prejudiced by the actions of the respondents, whereby the concerned clearance collectorate has denied to accept the declared transaction value of the imported consignment of body spray/ body deodorant and roll on and is illegally assessing the duty and taxes on the basis of valuation ruling 1536/2021 despite the fact that the impugned valuation ruling has been challenged before the director general of customs valuation under section 25D of the customs act, 1969.
Citing Chairman FBR, Collector of Customs Appraisement East and Director General Directorate General as respondents, petitioner pleaded the court to declare that the denial of declared transaction value under section 25D of the customs act, 1969 is arbitrary and illegal to the customs act, 1969.
He further pleaded the court to declare that the impugned valuation ruling without following the sequential method laid down under section 25D of the customs act, 1969 is ultra vires, illegal and contrary to the provisions of the customs act, 1969, therefore, court may direct them to release the consignment of petitioner and issue delay certificate for waiver of wharfage demurrage and detention charges.
