KARACHI: The Sindh High Court (SHC) issued notices to the customs department and deputy attorney general directing them to file their para wise comments on a constitutional petition filed by M/s Popular Traders against detention of imported consignment.
On 18 February 2020 a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter.
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During the hearing, counsel for the petitioner argued that petitioner is seriously aggrieved and highly prejudiced by the action of the customs officials, whereby they are assessing the imported consignment of the black paper/ white paper duty and taxes on the basis of the valuation ruling no 1350/2019 dated 08/01/2019, despite the fact that the impugned valuation ruling is not sustainable in the eyes.
He further submitted that since the revision petition stands pending for final decision, the petitioner has sought provisional release of its consignments until final decision by the customs department, however, the respondents have refused such request on the basis of circular no SI/misc/13/2014-CC issued by the respondents which is impermissible under the law, as a result, the petitioner is coercively and unlawfully being compelled to pay amounts of duty and taxes on the basis on impugned valuation ruling no 1350/2019, determination of value in the above ruling is otherwise arbitrary and not in accordance with the actual transaction value in terms of section 25 of the customs act, 1969.
Citing chairman FBR, the collector of Customs Appraisement East/ West and Director of Valuation as respondents, petitioner pleaded the court my direct them to release his consignment immediately and restrain them from taking any coercive action against the petitioner till final order in this petition.
