KARACHI: The Sindh High Court (SHC) issued notices to the customs department on a constitutional petition filed by M/s H.S Engineering Services against enhancement of valuation of consignment of artificial stone sheet imported from South Korea.
On 7 January, 2020, a two-member bench, headed by Justice Naimatullah Palphuto was hearing the matter.
During the hearing, counsel for the petitioner stated that petitioner has imported their respective consignments regularly of artificial stone sheet from South Korea origin as well as different miscellaneous items goods has been importing these goods continuously around the world, against the mutual agreement for $4,144,00 undertaking accepting the value against the supplies, such price actually paid/ payable by the petitioner is, inter-alia, inclusive of the cost of packing and electronically filed goods declaration’s strictly in accordance with law, including but not limited under section 25, 25A and 79(1)(a) of the customs act, 1969 as well as sub-rule (a) of rule 107 of the customs rules 2001, and as per direction contained in para 78 of CGO12/2002.
He further submitted that however, customs department refused to clear the imported goods on declared value and assessed the goods declaration on enhance value for $30,717,30, consequently the import duty and other taxes were enhance from Rs4,93,249.00 to Rs 29,88,737.00 on the basis of irrelevant date/ guide line, without any cogent evidence/ specific reasons, without consider the subject goods are imported against the contract agreement for US$4,144, neither there any proof regarding evidence of invoice value/ transactional value nor is any valid valuation ruling of the DG Valuation available with the customs department.
Citing chairman FBR, collector of Customs Appraisement West as respondents, petitioner pleaded the court to declare that the impugned assessment on the basis of irrelevant basis is arbitrary, unlawful, and ultra vires the customs act, 1969, the customs rules 2001 and the constitution of Pakistan, 1973 to be clarified/ re-determined/ revised in accordance with the law as well as decision of the Sadia Jabbar case reported in PTCL 2014 CL 537.
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