KARACHI: The Sindh High Court (SHC) directed customs officials to strictly act in accordance with law and submit para wise comments on a petition filed by M/s Bismillah Industry and M/s O.S Corporation seeking release order of its consignments of prime quality pre-painted steel coils detained by customs department due to disputed valuation. A two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter.
During the hearing, counsel for the petitioners stated in their petitions that petitioner is primarily engaged in imports of steel products, namely prime quality pre-painted steel coils and is registered for the same purpose and he has imported two consignments of prime quality pre-painted steel coils pattern design vide respective letters of credits and other shipping documents including mill test certificate, being evidence of prime quality of the imported goods. Whereas no such mill testing is to be conducted for secondary quality goods.
He said that on arrival of these consignments, they submitted goods declarations and paid duty and taxes according with law, however, consignments were examined by the examination staff and reported that the goods are found just as declared by the petitioner importers, however, the labels pasted on coils are not matched with the mill test certificate provided with shipping documents by the manufacturer. He further argued that on that report, customs officials assessed the goods as secondary quality without considering facts and circumstances.
Citing chairman Federal Board of Revenue, Chief Collector of Customs Appraisement South, Collector of Customs Appraisement East as respondents, petitioner pleaded the court to direct the respondents to allow into-bonding of subject goods under assessment of prime quality as declared and found per examination reports, and restrain them from taking any adverse or coercive action for the recovery of additional duty/ taxes under impugned notice and order. He further pleaded the court may direct them to release their consignments immediately according with law.
