KARACHI: The Sindh High Court (SHC) has issued notices to the tax authorities and deputy attorney general of Pakistan on a constitutional petition filed by M/s HN Brothers (private) Limited, challenging the valuation ruling 863/2016 dated 02/06/2016 which was enhanced from $0.75/kg to $ 1.50/kg on the consignment of the “Royal Leather Soap”.
While the hearing of the constitutional petition, a two-member bench, comprising Justice Munib Akhtar and Justice Saeeduddin Nasir also directed the authorities concerned to file their respective para wise comments on the next date of hearing. The court adjourned the hearing for October 5, 2016.
Earlier, counsel for the petitioner stated in its constitution petition that petitioner is engaged in lawful import of royal leather soap from various around the world including Indonesia, Malaysia and U.A.E. Petitioner is aggrieved and seriously prejudiced by the illegal and mala fide action of the respondents.
Counsel argued that the director of valuation, directorate of valuation has arbitrary fixed the customs value of royal leather soap vide valuation ruling no 863/2016 dated 02/06/2016 in the manner which contrary to law and regulations, and increased the value thereof, likewise, the director general of valuation, directorate of valuation instead of allowing or rejecting the petitioner’s petition, has enhanced the custom value of various brands of low ,end brands i.e. royal leather soap US$ 0.75/kg to $1.50/kg.
Citing Chairman Federal Board of Revenue (FBR), the Collector of Customs Appraisement West Model Custom Collectorate, the Collector of Customs Appraisement East Model Custom Collectorate, the Director of valuation, Directorate of Valuation and DG of Valuation, Directorate of Valuation as respondents, petitioner pleaded the SHC may set aside impugned order in revision no 217/2017 dated 02/08/2016 to the extent of petitioner’s goods and declare that the order in revision passed by respondent no 5 against the dictated of law natural justice and the constitution of Pakistan 1973.
Importer also pleaded the court may declare that valuation ruling no 863/2016 dated 02/06/2016 is illegal and no legal effect.
