KARACHI: The Sindh High Court (SHC) directed customs officials to release the consignment of Bismillah Industry on securing bank guarantee on petition against enhancement of valuation of iron steel goods from at unit price US$ 0.29, 0.45, 0.30, 0.58 and 0.44 per to US$ 0.44, 0.49, 0.58 per kg.
On 12 September 2020 while hearing of petition, a two-member bench also issued pre-admission notices to the customs department and observed in its order that “respondents shall not seek encashment of pay order/ bank guarantee, till further orders by this court”.
During the hearing, Aqeel Ahmed Khan, counsel for the petitioner argued that petitioner has imported the consignments of iron steel goods of secondary quality from Australia and New Zealand by declaring the same at unit price US$ 0.29, 0.45, 0.30, 0.58 and 0.44 per kg, however, respondents have assessed the same at unit prices US$ 0.44, 0.49, 0.58 per kg value of prime quality iron steel goods given in MLE (London Metal Exchange) instead of accepting the transactional value of the petitioner or in case of dispute.
He further argued that petitioner may file an appeal against such illegal and arbitrary assessment made by the respondents by filing an appeal before the statutory forum, however, requests that in order to avoid demurrage charges, respondents may be directed to allow provisional release of the consignments, as the petitioner is willing to secure the disputed amount of duty and taxes by way of pay order/ bank guarantee before the concerned Collectrate, who may be directed no to encash the same till further orders by this court.
After the hearing, court passed order and observes in its order that “respondents shall consider the request of the petitioner for ex-bonding and provisional release of the subject consignments to despite of disputed amount of duty and taxes by way of pay order/ bank guarantee before the concerned Collectorate, in accordance with law.
