KARACHI: M/s Murtaza Enterprises has approached the Sindh High Court (SHC) and filed a constitutional petition challenging valuation ruling no 1449/2019 and seeking release order of its imported consignment of polyester knitted printed both side pile fabric having 202 GSM from China.
On 1 February 2021, counsel for the petitioner stated that during the course of his business activities imported polyester knitted printed both side pile fabric having 202 GSM from China and filed goods declaration according to law.
He argued that the customs computerized system thereafter referred the goods declaration to examination which confirmed the imported goods as declared, the goods were them marked to the assessing officer, who passed assessment order dated Jan 20, 2021 under the provision of section 80 and rule 438 of the act while adducing remarks on assessment note reading as “assessed as per ER & VR 1449”.
He further argued that petitioner being aggrieved by the assessment made by the A.O filed a review before the P.A who upheld the same, the petitioner then filed 2nd review before the AC/DC assessment who agreed to the contention of the petitioner and assessed the goods on the valuation advise passed in an identical goods declaration as “assessed in the light of valuation advise in goods declaration No 45854-01-10-2021, consequent to which the CCS passed clearance orders under section 83 and rule 442 of the act/ rules through gate out message dated Jan 20, 2021 following which gate staff and terminal operator was intimated about delivery order from the shipping company approached the terminal operator showed their inability to provide that on the plea that there is a hold on the goods declaration.
Counsel further submitted that he is not a position to communicate the charges for payment, nor delivery can be affected resulting in the appellant’s clearing agent inquiries on why such hold was placed.
Citing chairman FBR, collector of Customs Appraisement West and Deputy Collector of Customs Group-IV and Additional Collector, Directorate of Intelligence and Investigation as respondents, petitioner pleaded the court to direct them to remove hold placed on the consignment and release the consignment of the petitioner.
