KARACHI: A two-member of The Sindh High Court (SHC) directed customs officials to release the imported consignments of finished blankets after securing disputed amount in the shape of bank guarantee/ pay order on a constitutional petition filed by Bed & Blanket Private Limited against enhancement of the valuation under the garb of valuation ruling no 1436/2020.
On 15 November 2021, during the hearing, Rana Sakhawat Ali Advocate for the petitioner, Kafeel Ahmed Abbasi deputy attorney general, Hussain Bohra assistant attorney general, Masooda Siraj, Afsheen Awan and Muhammad Rashif Arfi advocates for customs department appeared before the court.
After the hearing, court passed order that “we have been informed and appraised by Tariq Aziz, principal appraiser, Port Qasim Authority that fact that the petitioner has unnecessarily dragged different collectorates in these proceedings whereas, only collector of customs east in involved in this matter, court directed counsel for the petitioner to deleting unnecessary respondents.
The goods will be released on securing the differential amount in the form of bank guarantee/ pay order, we expect that the tribunal shall decide the controversy in three weeks’ time.
Earlier, counsel for the petitioner states that petitioner is seriously aggrieved and highly prejudiced by the actions of the customs officials who are carrying out final assessment of the consignments of finished blankets being imported by the petitioner on the basis of the valuation ruling no 1436/2020 and are demanding duties and taxes on the basis thereof, while request of provisional release of such consignments are not being entertained.
Counsel argues that such actions of the customs officials are impermissible under the law, especially in light of the fact that the valuation ruling no 1436 of 2020 as well as the order-in-revision no 25 of 2020 passed by DG Valuation in respect of the said valuation ruling, have been challenged by the petitioner before the custom’s appellate tribunal under section 194A of the customs act, 1969.
Citing Secretary Revenue Division, DG Valuation, Director Valuation, MCC Appraisement & Facilitation East, MCC Appraisement & Facilitation West and Port Muhammad Bin Qasim as respondents, petitioner pleaded the court may declare that the valuation ruling no 1436 of 2020 and order-in-revision are liable to suspension pending final adjudication of the appeal of the petitioner before the custom’s appellate tribunal.
Importer also pleaded the court to declare that consignments of said finished blankets imported by the petitioner are liable to be released on a provisional basis until final decision by the customs appellate tribunal and customs officials may be restrained from any adverse action against the petitioner till final order in this petition.
