KARACHI: A division bench of the Sindh High Court (SHC) directed customs department to consider application of importer for provisional release of its consignment strictly in accordance with law on a constitutional petition filed by M/s Bearing Sale Centre against detention of its imported consignment of ball taper, needles, roller, spherical and cylindrical bearings.
On 27 August 2020, during the hearing, counsel for the petitioner argued that the application for revising the valuation ruling under section 25A of the customs act, 1969, filed by the petitioner, is pending before the director valuation and petitioner has approached customs officials for provisional release of the subject consignment under the provision of section 81 of the customs act, 1969, petitioner is ready to secure the differential amount of duty and taxes etc, in the shape of pay order or bank guarantee in accordance with law.
During the hearing, counsel for customs department stated that petitioner’s application will be considered accordance with law, after heard both parties, court observed in its order that “in such view of the matter, respondent is required to consider the request for provisional release of its consignment strictly in accordance with law and such progress report be furnished to this court or before the next date of hearing”.
Earlier, citing Chairman FBR, collector of Customs Appraisement West/East/PMBQ and Director Valuation as respondents, petitioner pleaded the court that petitioner is seriously aggrieved and highly prejudiced by the actions of the customs officials, whereby the concerned clearance collectorate has denied to accept the declared transaction value of the impugned consignment and is illegally assessing the duty and taxes on the basis of valuation ruling vide no 1408/2019.
