KARACHI: The Director General of the Directorate General Customs Valuation Samaira Nazir Khan has rejected the revision petition of the importer M/s Himmcom, Pakistan through Order-in-Revision 94/2015 under Section 25-D of the Customs Act, 1969 against the Valuation Ruling No 668/2014 pertaining to USB Flash Drive.
According to details, the importer M/s Himmcom, Pakistan through its departmental representative Muhammad Jameel filed a revision petition against the Valuation Ruling No 668/2014 in which the said importer adopted the view point that the local importer were facing great problems in their business as the cost of USB has been increased a lot.
The importer stated that the customs values of USB has been increased from Rs 70 to Rs 150 including freight charges through the said Valuation Ruling No 668/2014.
“We are small legal importers, who exercise to determine the customs values under Section 25-A of the Custom Act, 1969. However we are contributing Rs 600,000 to Rs 900,000 each month to government in shape of Customs duties. Whereas those importers, who exercise other illegal methods of customs and import USBs/memory cards through ‘Kehpias’ will get benefit from the high side value of Flash USBs and memory cards”, it added.
It further said that the legal tax payer may not survive much more through this Valuation Ruling No 668/2014, so it is therefore stated that new assessment formula reducing valuation on USB Pen drive should be re-considered, so that the businessman who pay tax may be encouraged to do the business.
In the Order-in-Revision, the Director General of Customs Valuation Department was stated that the petitioner was afforded repeated opportunities of hearing and finally the matter was fixed on 15-01-2015.
Hearing was attended by Muhammad Jameel (spouse) on behalf of the owner of the firm. He referred to the arguments contained in the written petition and contended that the main grievance against Valuation Ruling No 668/14 was that the same was on higher side.
The record of the case has been examined and the arguments put forward by the petitioner have been considered. The petitioner was asked by this office vide letter of even number dated 14-07-2014 to furnish relevant documents, so as to enable this forum to verify truth and accuracy of declarations.
However, none of the requisite documents were furnished by the petitioner. In the written submission, petitioner has referred to the higher costing of imported goods incurred by them, which may not have any relevancy with the determination of assessable customs value unless and until actual transaction value is substantiated by documentary evidential data.
“Nevertheless, the respondent (Customs authorities) has at a later stage, reconsidered the Valuation of USB Data Traveler/USB Drive/Memory Card under Section 25-A of the Customs Act, 1969 in consideration of earlier representations filed under Section 25-D of the Customs Act, 1969. As a result, therefore, the impugned ruling was revised vide valuation ruling No 688/2014 dated 23-09-2014 and the assessable customs values were re-determined in the light of fresh findings and as per the input/consent given by the concerned stakeholders”, it stated.
As such, the disputed valuation now stands resolved and apparently settled with the satisfaction of concerned stakeholders.
“In the light of the reasons given above, and keeping in view the legal infirmities in the revision petition, the same is not maintainable and is accordingly rejected”, order stated.
