KARACHI: M/s Humayun Chemicals approached the Sindh High Court (SHC) and filed a petition against detention of its consignment of monoethylene and challenging enhancement of valuation under the garb of valuation ruling no 1311/2018.
On 6 December 2019, counsel for the petitioner stated that petitioner has imported a consignment comprising of monoethylene and on unit value of $0.66 and on arrival the impugned goods the petitioner filed goods declaration with assessment under section 79 of the customs act, 1969 and requested the appropriate officer to accept the declared value and finalize the assessment accordingly.
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He further submitted that however, customs officials without confronting the declared transaction value has denied to accept the same and proposed to assess the duty and taxes on the basis of impugned valuation ruling no 1311/2018 dated 12/07/2017 which was already challenged by the petitioner before DG valuation.
He argued that since the application to revise the impugned valuation ruling stands pending for final decision, the petitioner has sought provisional release of its consignment until final decision by the concerned forum, however, customs officials have refused such request.
Citing chairman FBR, collector Appraisement East, Director Directorate General of Customs Valuation as respondents, petitioner pleaded the court to declare that respondents/ their officer to allow provisional release in the present and future consignments shipped and or to be shipped in terms of parameters laid down by this court passed in the case of M/s Dainsh Jahngir V/s F.O.P.
He further pleaded the court to declare that the non-allowing provisional release of consignment disregard/ disobeying to the orders of this court and arbitrary and ultra-virus the scheme of the customs act, 1969 and fundamental rights of the petitioner enshrined in the constitution of Pakistan.
