KARACHI: The Sindh High Court (SHC) issued pre-admission notices to customs department on a constitutional petition filed by M/s G’Five Mobile Private Limited against enhancement of valuation of consignment comprising of PCB for mobile goods at US$ 1 per piece instead of US$ 13 per kg.
On 1 January, 2020, a two-member bench also directed them to make sure to file their para wise comments on next date of hearing.
During the hearing, counsel for the petitioner argued that petitioner is private limited company and us engaged in the import of the mobile phones & accessories and during the course of business has imported a consignment comprising PCB for mobile phone and has filed goods declaration as per the import documents and value at US$ 13 per kg as per the valuation ruling no 1168/2017 dated 22/05/2017.
He further submitted that on assessment of the goods, the appropriate officer has denied to assess the value of the goods in terms of the valuation ruling no 1168/2017 and assessed the goods at US$ 1 per pc instead of US$ 13 per kg on the basis of the purported assessment alert which is not known nor confronted to the petitioner.
He argued that petitioner has vehemently denied the above assessment and moved an application before customs officials requesting to release their consignment provisionally under section 81 of the customs act, 1969 by securing the differential amount of duty and taxes in shape of pay order/ bank guarantee, however, the customs officials has denied the release of the goods at US$ 13 per kg on the basis of purported assessment alert.
Citing chairman FBR, the collector of Customs Appraisement West as respondents, petitioner pleaded the court to declare that the assessment of impugned goods at US$ 1 per kg without application of valuation ruling no 1168/17 is arbitrary, unlawful and ultra-virus to the customs act, 1969, the customs rules 2001.
He further pleaded the court may direct them to assess the present and future consignments of PCB for mobile goods imported by the petitioner is terms of values determined under valuation ruling no 1168/17.
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