KARACHI: A divisional bench of the Sindh High Court (SHC) directed customs officials to consider the request of petitioner for ex-bonding and provisional release of consignment subject to deposit of disputed amount of duty and taxes by way or pay order/ bank guarantee before the concerned collectorate, in accordance with law on a constitutional petition filed by M/s Reliance Steel.
On 7 September 2020, during the hearing of petition, court also restrained customs officials from encashment of said pay order/ bank guarantee till further order, court also issued pre-admission notices the customs officials and directing them to file their respective comments on next date of hearing.
During the hearing, Aqeel Ahmed Khan, advocate for the petitioner argued that petitioner has imported the consignment of iron and steel goods of secondary quality from Germany by declaring the same under PCT Heading No HS Code 7210.7020 at 0.400 (Euro) per kg, however, respondents are assessing the same at unit price 0.452 (Euro) per kg, as per value of prime quality iron steel goods given in LME (London Metal Exchange).
He submitted that instead of accepting the transactional value of the petitioner or in case of dispute, to follow the sequential method in terms of section 25 of the customs act, 1969, as per decision of this court as well as the decision of Supreme Court of Pakistan.
Learned counsel further argued that the petitioner may file an appeal against such illegal and arbitrary assessment being made by the respondents by filing an appeal before the statutory forum, however, request that in order to avoid demurrage charges, respondents may be directed to allow provisional release of the consignment, as the petitioner is willing to secure the disputed amount of duty and taxes by way of pay order or bank guarantee before concerned collectorate, who may be directed not to encash the same till further orders by this court.
