KARACHI: The Sindh High Court (SHC) directed customs officials to file their respective para wise comments on a petition filed by M/s Makkas Impex, M/s International Trading Co, M/s Aslam Traders and Khimani Impex against disputed valuation of dry ginger’s consignments. On November 01, 2018, a two-member bench, headed by Justice Aqeel Ahmed Abbasi heard the matter.
During the hearing, counsel for the importers stated that petitioners are seriously aggrieved and highly prejudiced by the actions of the respondents, whereby the respondents are assessing the imported consignments of dry ginger and demanded duty and taxes on the basis of the valuation ruling No 1299 of 2018 dated 26/04/2018 issued by Director of Customs Valuation despite the fact that the impugned valuation ruling is not sustainable in the eyes of law and has accordingly been challenged by the petitioners under Section 25-D of the Customs Act, 1969 before DG Valuation.
Counsel argued that the impugned valuation ruling without it being determined in accordance with law amounts to an action in derogation of law hence is unwarranted, illegal, mala-fide and against the principle of natural justice, as result the petitioners are suffering unnecessary losses.
Citing chairman Federal Board of Revenue, chief collector of Customs South, Collector of Customs West, DG Valuation as respondents, importers pleaded the court to declare that impugned Valuation Ruling 1299/18 as arbitrary, unlawful and ultra-vireos the Customs Act, 1969, the Customs Rules 2001 and the Constitution of Pakistan, 1973. Importers also pleaded the court to direct them to release their consignments of said goods immediately.
