KARACHI: The Sindh High Court (SHC) directed customs officials to act accordance with law and submit para wise comments on a constitutional petition filed by M/s Aasher Trading Company against enhancement of value of imported comprising of coir-mattress fiber/ coir bristle fiber/ coir yarn 2 ply.
On 12 March 2020, a two-member bench, headed by Justice Aqeel Ahmed Abbasi heard the matter.
During the hearing, counsel for the petitioner argued that petitioner has imported a consignment comprising of coir-mattress fiber/ coir bristle fiber/ coir yarn 2 ply on unit value of $0.245 per kg and on arrival of the impugned goods the petitioner has filed goods declaration under section 79 of the customs act, 1969 and requested the appropriate officer to accept declared value under section 25(1) of the customs act, 1969.
He further submitted that however, customs officials without confronting the declared transaction value has denied to accept the same and proposed to assess the duty and taxes on the basis of dated base value US$ 0.450 per kg which is not legally applicable without resorting and following sequential method laid down under section 25 of the customs act, 1969.
Counsel said that since the respondents has disputed the transactional value the petitioner has approached him and requested to release the consignment on declared transactional value or may be released on provisionally, however, customs officials denied his both requests.
Citing FBR chairman, collector of Customs Appraisement West as respondents, petitioner pleaded the court to declare that the assessment of impugned goods @ US$ 0.045 per kg without following the sequential method is illegal and in contradiction to section 25 of the customs act, 1969.
He further pleaded the court may direct them to release his consignment immediately on provisionally and restrain them from taking any coercive action against the petitioner till final order in this petition.
