KARACHI: A two-member bench, comprising Justice Shafi Muhammad Siddiqui and Justice Agha Faisal disposed of a constitutional petition filed by M/s Nishat Linan Private Limited against enhancement of valuation of imported lip make up reparations, eyes maker preparations, nail polish, face powder, face and skin cream and locations, bags, clutch, polyester spun yard, imitation jewelry etc.
On 8 October 2021, during the hearing, Jam Zeeshan Ali consul for petitioner, Kafeel Ahmed Abbasi, Deputy Attorney General of Pakistan appeared before the court.
After the hearing, court passed order and mentioned in its order that “this seems to be covered by a judgment of 2018 PTD 861 (Premier System and other vs Federation of Pakistan), hence, with consent the said judgment shall apply mutatis mutandis to this petition and is accordingly disposed of along with pending applications”.
Earlier, counsel for the petitioner had argued that petitioner is doing lawful business and never involved in any crime, tax evasion etc and during the course of business, petitioner imported Lip make up reparations, eyes maker preparations, nail polish, face powder, face and skin cream and locations, bags, clutch, polyester spun yarn, imitation jewelry etc and filed goods declarations.
Petitioner added that petitioner was shocked when it was informed that valuation of goods has been enhanced under the garb of valuation ruling no SRO 1035(I)/ 2017 which was already given illegal by court.
Citing Chairman Federal Board of Revenue, Chief Collector of Customs Appraisement East, Collector of Customs Port Muhammad Bin Qasim as respondents, petitioner pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary.
He also pleaded the court may set aside impugned valuation and enhancement of valuing of imported goods and direct them to release petitioner’s imported goods immediately.
