KARACHI: M/s Wali Khan Trading Company approached the Sindh High Court (SHC) and filed a petition against detention of its imported consignment seized by customs officials due to disputed valuation.
On 19 March 2020, counsel for the petitioner stated in his petition that petitioner is seriously aggrieved and highly prejudiced by the actions of the respondents, whereby the respondents are assessing the imported consignment of the white pepper, duty and taxes on the basis of the valuation ruling no 1350/2019 issued by the director of customs valuation, despite the fact that the impugned valuation ruling is not sustainable in the eyes of the law and has accordingly been challenged by the petitioner under section 25-A of the customs act, 1969.
He further submitted that since the revision petition stands pending for final decision, the petitioner has sought provisional release of its consignments until final decision by the respondent, however, the respondents have refused such request on the basis of circular no SI/Misc/13/2014 (Appr)375 dated 22/11/2017 issued by the respondent no 2/ its’ officer, which is impermissible under the law, as a result, the petitioner is coercively and unlawfully being compelled to pay amounts of duties and taxes on the basis of impugned valuation ruling no 1350/2019.
He argued that determination of value in the above ruling is otherwise arbitrary and not in accordance with the actual transaction value in terms of section 25 of the customs act, 1969. It is submitted that the petitioner is unable to take delivery of its lawfully imported goods.
Citing chairman FBR, the Collector of Customs Appraisement West/ East/ PMBQ and Director Directorate General of Customs Valuation as respondents, petitioner pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary.
He further pleaded the court to direct them to release his consignment immediately and restrain them from taking any coercive action against the petitioner till final order in this petition.
