KARACHI: The Sindh High Court (SHC) issued notices to officials of the customs department and directed them to file their comments on a constitutional petition filed by M/s Noor Petroleum Associates challenging valuation ruling no 1311/2018 dated July 12, 2018 and suspension of show cause notice issued by Deputy Collector of Customs MCC Preventive Oil Section.
On 24 December 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter.
During the hearing, counsel for the petitioner argued that petitioner is engaged in the business of trading and importing solutions and for purpose of its business, imports chloroform (trichloromethane), which is used by the petitioner as a solvent for making and manufacture of adhesives in its production line of business, the use of chloroform is highly imperative for the petitioner’s business and due to high demands, it is required to be imported on a monthly basis, and it times twice a month.
He further submitted that since November 2018, particularly, the petitioner has imported various consignments of the above mentioned item and declared the value of goods at $0.50 kilograms.
He stated that almost a year after import of the first consignment, the deputy collector of Customs Preventive oil section issued the impugned demand and show cause notice stating that the petitioner has cleared consignment of said goods on value less than those notified in the impugned valuation ruling, allegedly resulting in short realization of government revenue to the tune of Rs332,278, such amount has been alleged to be the total amount of short-paid duty from the consignment of the petitioner.
Citing secretary finance, deputy collector of Customs Preventive oil section, Customs Collectorate Chief Collector, DG Valuation Ruling as respondents, petitioner pleaded the court to set aside and quash the impugned valuation ruling no 1311/2018 dated July 12, 2018 and direct DG Valuation to revise or rescind the said valuation ruling or issue a fresh valuation in respect of the chemicals covered by the impugned valuation by applying the methods as prescribed in section 25 of the customs act, 1969.
