KARACHI: The Sindh High Court (SHC) has granted interim relief and directed to tax authorities not to take any action against the petitioner on a constitutional petition filed by M/S H.N Brothers Pvt Ltd challenging the valuation ruling 863/2016 dated 02/06/2016 which enhanced the value US% 0.75/kg to $ 1.50/kg on the consignment of the “Royal Leather Soap”.
A two-member bench, comprising Justice Munib Akhtar and Justice Saeeduddin Nasir was hearing the constitution petition.
During the hearing, counsel for the petitioner sought interim relief; therefore, court passed the interim order and restrained the respondents from taking any action against the petitioner and adjourned the hearing for the date which would be announced by office of the court.
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 US$ 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.
