KARACHI: M/s Ahad Trading Company approached the Sindh High Court (SHC) against enhancement of valuation of imported consignment of 54,000 kilograms toilet soap imported from Oman.
On January 3, 2019, counsel for the petitioner stated in his constitutional petition that petitioner in the normal course of business imported a consignment of toil soap 54,000 kilograms for $1,500.00 from Oman, against the mutual agreement understanding accepting the value against the supplier and filed goods declaration for clearance of imported goods, in terms of section 79 (1) of the customs act.
He argued that however, officials of customs department refused to clear the imported goods on declared value and enhanced the value from $1,500.00 to $54,000.00, consequently the imported goods duty and taxes were also enhanced for Rs27,27,288 without any cogent evidence/specific reasons, without any documentary evidence. The subject goods are imported against the contract agreement, neither there is any proof regarding evidence of invoice value nor in any valid valuation ruling of the directorate general of valuation available with the customs department leading to increase in duty and taxes, without justification.
Citing chairman Federal Board of Revenue, collector of Customs Appraisement East as respondents, petitioner pleaded the court to please examine record of the case, after hearing the both parties, accepted the declared value, because provisional assessment is not completed nor finalized under section 80 of the customs act, 1969, within time, under Section 81 (2) & (5) of the Customs Act, 1969.
He further pleaded the court may allow this petition as pray and may kindly be directed to nazir to return the security amount i.e 02 pay orders along with interest.
