KARACHI: The Sindh High Court (SHC) issued pre-admission notices to the customs department and deputy attorney general on a constitutional petition filed by M/s KRB Enterprise against enhancement of valuation of imported goods comprising artificial marble slab/ sheet one side polished from declared value for $0.25 kg to $2.02 kg by the Collector of Customs Appraisement Port Muhammad Bin Qasim.
On 30 December 2019, a two-member bench also directed them to make sure to file their para wise comments on next date of hearing.
During the hearing, counsel for the petitioner stated that in the normal course of business, the petitioner imported their respective consignments regularly of artificial marble slab/ sheet one side polished from Hong Kong as well as different miscellaneous goods around the world, against the mutual agreement for US$ 0.25/kg, understanding accepting the value against the supplies.
He further submitted that such price actually paid/ payable by the petitioner is, inter-alia inclusive of the cost of packing and electronically filed the goods declaration strictly in accordance with law, including but not limited to under section 25, 25-A 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 directions contained in para 78 of CGO 12/2002 or may kindly assess the imported goods 90 days of import expressed in rule 110 ibid, before the customs authority.
He said that customs department refused to clear the imported goods on declared value for $ 0.25 kg and assessed the goods declaration on enhance value for US$ 2.02 kg, consequently the import duty and other taxes were enhance for Rs 5,67,235 to Rs 38,09,644 (enhance for Rs. 32,42,409.00), on the basis of irrelevant date/ guide line, without any cogent evidence/ specific reasons, without consider the subject goods imported against the contract agreement for US$0.25 kg neither these any proof regarding evidence of invoice value/ transactional value nor is any valid valuation ruling of directorate general of valuation available with the customs department leading to increase in duty and taxes.
Citing chairman FBR, the Collector of Customs Appraisement Port Muhammad Bin Qasim as respondents, petitioner pleaded the court to declare that enhancement of goods valuation is illegal, mala fide and arbitrary and direct them to issue the delay and detention certificate in the best interest of justice.
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