LAHORE: M/s Aerow Enterprises has moved the Sindh High Court (SHC), challenging wrong assessment of a consignment of different kinds of lend acid batteries in the light of valuation ruling no: 600/2013 by the customs department.
In its constitutional petition, the petitioner through its proprietor, Muhammad Saeed Aktar, stated that the petitioner is engaged in lawful business of import of various goods. It had imported a consignment of different kinds of lend acid batteries falling under H.S Code by declaring the transactional value of US$ 7,157 (Rs699,954) and petitioner filed goods declaration accordingly.
According to the petitioner, however, the customs department determined and assessed the good at $26,284 (Rs2,570,618) in light of valuation ruling no: 600/2013 which is illegal and unlawful.
Citing Chairman Federal Board of Revenue, Collector of Customs Collectorate West, Deputy Collector of Customs Group 6, Customs Collectorate West and other and as respondents, the petitioner pleaded the court to declare the action of the respondents arbitration, illegal, without jurisdiction and violation of article 4, 18, 24 and 25 of the constitution of 1973.
He also pleaded the court to declare that alleged assessment of goods declaration (GD) made by the respondent through unlawful action and determining the illegal liability is also contrary to the act and declare that the petitioner is not liable to pay any such amount of duty and taxes etc.
Counsel for the petitioner requested the SHC may restrain the customs department from taking any coercive measures till final decision of its constitutional petition and direct them to release of its consignment as per assessment filed by petitioner.
