KARACHI: The Sindh High Court (SHC) directed customs officials to consider the request of petitioner for provisional release of consignments subject to petitioner’s securing disputed amount of duties and taxes on the basis of value being determined by the respondents before the concerned Collectorate in the shape of pay order/ bank guarantee on a petition filed by M/s Anjum Corporation and other importers.
While hearing the petition, on March 4, 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi issued notices to customs department and directed them to file their respective para-wise comments on next date of hearing.
During the hearing, counsel for the importers argued that they are seriously aggrieved and highly prejudiced by the action of the respondents, whereby, they have denied accepting the declared transaction value of the imported consignments of polyster yarn and are assessing the duty and taxes on the basis of the Valuation Ruling No 1338/2018 dated 25/10/2018.
He further argued that despite the fact that impugned valuation ruling is not sustainable in the eyes of the law and its validity has been challenged by them vide application dated 22/02/2019.
He submitted that they imported consignments and filed goods declaration as unit value of US$ 1.34 per kg, however, they determined the value of US$ 1.55 per kilogram as Valuation Ruling No 1338/2018.
Citing chairman Federal Board of Revenue, Collector of Customs Appraisement East, Collector of Customs Appraisement West and DG Valuation as respondents, petitioners pleaded the court to declare that assessment of the respondents as illegal, mala fide and arbitrary and direct them to release their consignments immediately as per law and regulations.
