KARACHI: A division bench of the Sindh High Court (SHC) directed customs department to consider request of the petitioner for provisional release of the consignment subject to deposit of disputed amount of duty and taxes by way of bank guarantee/ pay order on a constitutional petition filed against enhancement of valuation from US$1.20 to 2.02 per kg of consignments of imported modified acrylic solid surface sheets.
On 24 September 2020, bench also issued notices to the customs department and directing them to file their respective para wise comments on next date of hearing.
During the hearing, counsel for the filed by M/s I.S Traders argued that petitioner has imported modified acrylic solid surface sheets 22,860 kg from China and electorally filed goods declaration dated Dec 09, 2019 and paid duties and taxes of Rs46,28,141.
He submitted that officials of the customs department assessed the goods on US$ 2.02 per kg whereas others importers of same item is assessed at the US$ 1.20 per kg, the petitioner consignment provisionally assessed against secured differential amount of duties and taxes US$ 1.20 per kg and US$ 2.02 per kg on the basis of irrelevant data, without any cogent evidence/ specific reasons under protest petitioner deposited pay-order of Rs1830070 against provisional assessment.
He argued that respondents discriminatory behavior with the petitioner regarding to enhance the value of goods from US$ 1.20 per kg to US$ 2.02 per kg the second consignment of the same goods modified acrylic solid surface sheets 24.03600 MT from China and after made cash payment Rs120286 and deposited post cheque of Rs55,68,711 as a security amount, because huge financial losses towards port demurrage and containers detention charges incurred on the petitioner so that the second consignment GD is filed in bound warehouse.
Citing secretary revenue division and collector of Customs Appraisement East as respondents, petitioner pleaded the court may direct to release the second consignment @ US$ 1.20 per kg and direct them will be assessed at the rate of US$ 1.20 per kg of the petitioner consignments which are in pipeline/ on voyage to be excepted at Karachi sea port in near future.
