KARACHI: M/s Kodacon Electric Home Appliances Private limited has approached the Sindh high court (SHC) and filed a constitutional petition against show cause notice and enhancement of valuation of imported consignment of parts for split air conditioner under the garb of valuation ruling no 1178/2017.
On 16 April2021, counsel for the petitioner stated that petitioner has imported a consignment comprising parts for split air conditioner on transaction value of US$ 8, 910 and on arrival of the goods at Karachi Port, petitioner has filed goods declaration wherein, the petitioner has declared the description as per the above import documents and requested the appropriate officer to accept the VR.
He further submitted that however, customs officials has not agreed with the declared transactional values and arbitrarily propose to assess the values on the basis valuation ruling bearing no 1178/ 2017, petitioner has also contested vehemently that the declared transaction invoice value under section 25 (i) of the customs act, 1969, the price of which is actually paid or payable to the seller, it was further contended by the petitioner that the price actually payable to the seller is US$ 8,910.
Counsel argued that a show cause notice also was issued to the petitioner and allegations were fixed on the petitioner for mis-declaration, the cause of action has arisen in this case due to reason that customs officials is not allowing provisional release of the goods subject to securing the disputed amount of duty and taxes and the goods are lying at port and incurring heavy demurrages despite other container rents to the petitioner.
Citing Chairman FBR, the Collector of Customs Appraisement West as respondents, petitioner pleaded the court to direct them to release the consignment imported by the petitioner and restrain them not to encash the security instrument or any amount to be secured provisionally for release of the impugned goods till final adjudication of the show cause notice as impugned.
