KARACHI: The Sindh High Court (SHC) directed customs officials that request of the petitioner for provisional release of petitioner’s consignment is subject to securing the disputed amount in the shape of pay order/bank guarantee on a petition filed by M/s Noor Traders against detention of its consignments of imported toilet soap by customs officials due to alleged disputed valuation.
While hearing the petition on February 25, 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi also directed customs officials to file their comprehensive para-wise comments on next date of hearing.
During the hearing, counsel for the petitioner stated in his petition that petitioner imported consignment at the rate of US$ 1/kg from Germany inclusive of the cost of packaging as evident from the commercial invoice which is covered under Valuation Ruling 863 of 2016.
He further submitted that however, officials of the customs department assessed the consignment on the basis of gross weight thereof, i.e. by including the weight of the packaging unlawfully.
Citing chairman Federal Board of Revenue, Collector of Customs Appraisement East and DG Valuation as respondents, petitioner pleaded the court to declare the assessment of the soap in packing imported by the petitioner under Valuation Ruling 863/2016 is to be carried out on the basis of the net content weight without including the weight of the packaging, as envisaged under Section 25 (2) (b) (iii) of the Customs Act, 1969.
He also pleaded the court to direct them to release his consignment immediately on the basis of the declaration filed by the petitioner and restrain them from taking any coercive action against the petitioner till final order in this petition.
