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SHC rejects petition challenging Valuation Ruling No 865/2016

byM.B. Rana
25/10/2016
in Uncategorized
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KARACHI: The Sindh High Court (SHC) dismissed a constitutional petition as not pressed filed by M/s. Firpo (Private) Limited, challenged the impugned valuation ruling no 865/2016 dated 06/06/2016 enhanced the valuation of consignment of “motorcycles parts” at the rate of $0.16/piece instead of $ 0.013 to $ 0.019/piece.

A two-member bench, comprising Justice Munib Akhtar and Justice Saeeduddin Nasir, was hearing the petition. During the hearing, counsel for the petitioner submitted that the relevant consignment has been released and the matter is now proceeding before the director Collectorate of valuation which appeared in terms the guidelines/ directions as have been established by this court in another case. The court observed that in such circumstances and without prejudice to the case on the merits the petitioner does not press, therefore, the petition is dismissed as not pressed.

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Earlier, counsel for the petitioner stated that petitioner is a manufacturer, importer, wholesaler and trader of replacement auto and motorcycles and imported a consignment from Hungary of comprising of 138,000 pieces of auto miniature incandescent bulbs and 10,000 pieces of motorcycles miniature incandescent indicator bulbs and declared the same at the terms transaction value of $ 0.013/piece and $ 0.013/piece respectively dated 01/09/2016 and paid duty and taxes thereupon.

According to the petitioner, however, officials of the customs authorities issued valuation ruling no 865/2016 dated 06/06/2016 and goods were assessable at the purportedly determined value of $ 0.16/piece.

Citing Secretary Revenue division, the Collector of Customs Customs Appraisement East and Deputy Collector (Group-VI) Custom Appraisement East as respondents, petitioner pleaded the court may set aside impugned valuation ruling no 865/2016 dated June 06, 2016.

Importer also pleaded the Sindh High Court (SHC) may declared it illegal, mala fide, unlawful and of no legal effect and direct the respondents to release of the consignment of the petitioner.

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