KARACHI: The Sindh High Court (SHC) directed high officials to customs department to release the consignment of importer Mubeen International after securing disputed amount as bank guarantee on a constitutional petition against detention of its imported consignment due to disputed valuation.
On 23 April 2020, while hearing the petition, a two-member bench, headed by Justice Aqeel Ahmed Abbasi also directed customs officials to submit their respective para wise comments on next date of hearing.
During the hearing, counsel for the importer submits in his constitutional petition that petitioner is engaged in the lawful import Polyester Filament Yarn and always fulfills legal formalities according with law and during the course of business, petitioner imported consignments comprising polyester filament yarn and filed goods declaration according with law and requested the appropriate officer of customs department to accept the declared value under section 25(1) of the customs act, 1969.
Counsel argued that however, officers of the customs department without confronting the declared transaction value denied to accept the same and proposed to assess the duty and taxes on the basis on impugned valuation ruling no 1387/2019 which is much higher than the prices actually prevailing internationally.
Counsel further argued that petitioner challenged the impugned direction before the DG Valuation which is pending for final decision, meanwhile the petitioners’ consignments have arrived at port and they sought provisional release of tis consignments until final decision by DG Valuation, however, they also denied for provisional release of their consignments.
Citing Chairman Federal Board of Revenue, The Collector of Customs MCC Appraisement West, DG Valuation as respondents, petitioners pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary.
He further pleaded the court may direct them to release their consignments on provisional release and restrain them from taking any coercive action till final decision of in this petition.
