KARACHI: M/s Hamza Traders approached the Sindh High Court (SHC) seeking release order for its consignment of dry ginger detained by customs officials due to disputed valuation.
On October 24, 2018, counsel for the petitioner stated that petitioner is seriously aggrieved and highly prejudiced by the actions of the respondents, whereby the customs officials are assessing the imported consignment of dry ginger and demanding duty and taxes on the basis of the Valuation Ruling No 1299/2018 dated 26/04/2018 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-D of the Customs Act 1969 before director general Valuation.
He argued in his petition that since the revision petition stands pending for final decision, the petitioner has sought provisional release of its consignments until final decision by the DG Valuation. However, the respondents have refused such request, 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 1299/2018. He added that the concern group is not assessing the goods declaration in accordance of the old Valuation Ruling no 1197/2017 dated 19/08/2017 which is applicable at this moment as the valuation department still not revise valuation ruling.
Citing Chairman Federal Board of Revenue, Chief Collector of Customs South, Collector of Customs West, DG Directorate General of Customs Valuation as respondents, importer pleaded the court to declare that the impugned Valuation Ruling No 1299/2018 is arbitrary, unlawful and ultra vires the Customs Act, 1969 and court may direct them to assess the consignments of ginger, garlic etc being impugned goods imported by the petitioner in terms of Section 25 of the Customs Act, 1969.
