KARACHI: The Sindh High Court (SHC) has issued notices to the tax authorities and deputy attorney general on a constitutional petition filed by M/s Hansika Enterprises, challenged valuation ruling no 848/2016 dated May 6, 2016 in which duty and taxes were increased on consignment of the “toothpaste”.
While the hearing of the petitions, a two-member bench, comprising Justice Munib Akhtar and Justice Saeeduddin Nasir directed them to file their para wise comments on the next date of hearing. The court adjourned the hearing for October 6, 2016.
Earlier, counsel for the petitioner stated in its constitution petition that petitioner is engaged in the lawful importing toothpaste from various countries including Dubai, it has imported a consignment relating to toothpaste and filed goods declaration as per transaction value, which were not accepted by the officials of the collector of customs appraisement west, model custom collectorate.
According the petitioner, goods were arbitrary assessed at on enhanced value on the basis of impugned valuation ruling no 848/2016 dated May 06, 2016 which is issued in the manner which is contrary to law and regulations.
Citing chairman Federal Board of Revenue (FBR), Customs Appraisement West. Customs Collectorate, the Director of Valuation, Directorate of the Valuation and Director General of Valuation, Directorate of Valuation as respondents, petitioner pleaded the SHC may declare that the denial to accept transaction value in terms of section 25(1) end the demand of addition duty and taxes without following the procedure laid down in section 25-A is illegal, void no legal effect.
Importer also pleaded the court may declare that the valuation ruling 848/2016 dated May 06, 2016 and subsequent order in revision no 238/2016 dated May 06, 2016 is illegal and of no legal effect.
Petitioner further pleaded the court may restrain the respondents from taking any coercive action against the petitioner.
