KARACHI: M/s Hikmat Traders approached the Sindh High Court (SHC) challenging Valuation Ruling No 1265(1)/2019 imposition /enhancement of regulatory duty on under garment, cosmetic items, perfume, bottle, thread seal tape and other goods on different percentages.
On July 18, 2019, counsel for the petitioner stated in his petition that petitioner imported different items from China including door lock, hair brush, bottle lock and other cosmetic items under different HS Code and filed goods declaration according with law.
He further submitted that petitioner shocked when he was informed by customs officials that regulatory duty has been imposed through SRO 1265(1)/2018 on under garment, three piece working clip, pin hair brush, lipstick, face powder, make-up kit, eye liner, nail polish, air-wax, eyes-lash, foundation, bra, underwear, paint brush material, perfume, bottle, thread seal tape and other goods on different percentages.
He said that no circumstance exists justifying to enhance the regulatory duty through SRO 1265(1)/2018 dated 10/10/2018, the executive authority of the federal government cannot be exercised mechanically, without any rational to deprive the petitioner f his legal right to do business and petitioner is aggrieved by further enhancement of regulatory duty on imported items from China though SRO No 1265/2018, the petitioner has no other adequate remedy, hence the above petition.
Citing secretary finance, chairman Federal Board of Revenue, The Collector of Customs MCC Appraisement East, West and Port Muhammad Bin Qasim as respondents, petitioner pleaded the court to declare that imposition/ enhancement of the regulatory duty under section 1265(1)/2018 by the respondents is illegal, mala fide and arbitrary. He further pleaded the court may direct them to release his consignment immediately.
