KARACHI: The Sindh High Court (SHC) has restrained customs department from encashment of securities furnished/ deposited by M/s Brother Enterprises at the time of provisional release till final judgment in appeals filed by M/s Brother Enterprises against enhancement of imported goods under the garb of valuation ruling no 1449/2020.
On 20 October 2021, during the hearing, Owais Ali Shah consul for the petitioner moved application for urgent hearing, court allowed urgency and as well as issued notices to the customs officials and deputy attorney general of Pakistan and directed them to file their comments for next date of hearing.
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Owais Ali Shah Advocate argued that petitioner’s appeals are pending before the appellate tribunal Karachi, therefore, court may restrain customs officials from encashment of securities paid by the importer during provisional release.
Earlier, counsel for the petitioner informed the court that his client is doing lawful business and during the course of business, petitioner imported several consignments of various fabrics and filed goods declarations according with law, however, without lawful authority customs officials stopped petitioner’s consignments and enhanced valuation under the garb of valuation ruling no 1449/2021.
Citing Chairman Federal Board of Revenue, Collector of Customs Appraisement East, Collector of Customs Appraisement West, the Director, Directorate General of Customs Valuation as respondents, counsel pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary.
Petitioner further pleaded the SHC to direct them to release petitioner’s imported consignments according to law and restrain customs officials, their officers, staffs and other related officials from taking any adverse action against the petitioner till final judgments in this constitutional petition.
