KARACHI: The Sindh High Court (SHC) directed customs officials to make sure filing their respective para wise comments on a constitutional petition filed by M/s Master Pipe Industries against detention of its imported consignments of secondary quality steel sheets/ coils, hot-rolled, cold-rolled and coated seized by customs officials due to disputed valuation.
On 20 January 2022, a two-member bench, headed by Justice Irfan Sadat Khan heard the matter. During the hearing, counsel for the petitioner states that petitioner is an importer of iron steel products covered under chapter 72 of Pakistan Customs Tariff and thus frequently import secondary quality steel sheets/ coils, hot-rolled (HSC 7208.010), cold-rolled (HSC 7209.1610) and coated (HSC 7210.4910).
He added that in spite of plethora of precedents as to clearance of the petitioners’ past consignments on declared values, the respondents are now hindering processing/ clearance of their goods declarations and approaching consignments on declared transaction value as envisaged under section 25 of CA, 1969 read with rule 113 of customs rules, 2001. Such action of the respondents viz. withholding clearance of consignments on declared value and substitution their own is causing financial misery to the petitioners.
Counsel submits that the respondents’ illegal actions in deviating from the law, and precedence, and past practice of assessing/ clearing the consignments of secondary quality steel on the basis of declared true transaction value and instead applying thereupon the values from the defunct valuation ruling and data.
Citing Secretary Ministry of Finance, Chief Collector of Customs, Collector of Customs Port Muhammad Bin Qasim as respondents, petitioners pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary.
Counsel further pleaded the court to direct them to release the consignments of the petitioner provisionally under section 81 of customs act, 1969, and grand any other relief deemed fit and proper in the circumstance of the petition and to award costs of proceedings to the petitioners.
