KARACHI: The Sindh High Court (SHC) directing customs officials to make sure to file their respective para wise comments on a petition filed by M/s TF Industries against enhancement of valuation of imported non-woven fabrics from at the rate of $1.80/ per kg to $2.10 per kg by Collector of Customs Appraisement East and West.
On 19 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 a regular importer of non-woven fabric which is used for manufacturing of diapers, petitioner imported non-woven fabrics at the rate of $1.80/ per kg, however, The Collector of Customs Appraisement East and West assessed the goods at the rate $2.10 per kg illegally and unlawfully without any valid evidence.
He further submitted that the petitioner requested to the respondents for the assessment $1.80 per kg, as per transactional value in terms of section 25(1) of the customs act, 1969, the respondents did not agree with the contention of the petitioner to accept the declare value being transactional value, since the petitioner has no other remedy but to prefer the titled constitutional petition challenging.
Citing chairman FBR, Director General of Customs Valuation and the collector of Customs Appraisement East and West as respondents, petitioner pleaded the court declare that the subject goods has been imported as per transactional value in terms of section 25 (1) of the customs act, 1969 same is liable to be accepted.
He further pleaded the court may declare that the enhancement made by the respondents is arbitrary, illegal and unlawful without any valid evidences and without following the sequential method as prescribed vide section 25 of the customs act, 1969, and the subject is lying at port incurring heavy demurrages and detention charges same may kindly be released provisionally by securing differential amount of duty and taxes in the shape of pay-order bank guarantee under section 81 of the customs act, 1969 and grant any other relief deemed fit in the circumstances of the case.
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