KARACHI: The Sindh High Court (SHC) has directed high officials of Federal Board of Revenue (FBR)/ Customs Department to make sure filing their respective para wise comment on a constitutional petition filed by M/s Firpo Private Limited against enhancement of valuation of imported consignment of bulbs seized by the customs officials due to disputed valuation.
On 28 April 2021, counsel for the petitioner stated that petitioner is seriously aggrieved by the unlawful arbitrary and mala fide acts of the customs officials, whereby the customs officials have assessed the consignment carrying bulbs imported by the petitioner on the basis on the gross weight impugned consignment by including the weight of the packaging materials during the course of assessment, as a result of the aforesaid unlawful, arbitrary and mala fide acts.
He further submitted that respondents are demanding amounts of duties and taxes which are not leviable under the law, such acts are also contrary to, inter alia (iii) of the customs act, 1969 (the act, 1969).
Counsel stated that the impugned consignment was purchased by the petitioner at a lower price, such price actually paid/ payable by the petitioner is, inter alia, inclusive of the cost of packaging, the assessment of value of imported bulbs, as that imported vide the impugned consignment has been assessed under order-in-revision No 272/ 2016 issued under section 25D of the act, 1969 which is still in field and no fresh valuation ruling has been issued.
Citing Secretary Revenue Division, collector of Customs Appraisement West and DG Valuation as respondents, petitioner pleaded the court to declare that importer of freely importable goods, in respect of which assessment order/ notes has been challenged before the collector of customs appeals, shall have the option of having consignments/ such goods provisionally assessed and released under section 81 of the customs at, 1969 subject to securing the disputed amount of duty and taxes in the shape of pay order/ bank guarantee.
