KARACHI: The Sindh High Court (SHC) directed customs officials to strictly act in accordance with law on a constitutional petition filed by M/s Superior Wire Industries Private Limited against further charges of 5 percent on import of a consignment of high carbon alloy steel wire rods from UAE at the rate of $480 per metric ton.
On May 03, 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi also issued notices and directed customs officials to make sure filing their comments on next date of hearing.
During the hearing, counsel for the petitioner stated in his petition that petitioner imported a consignment of high carbon alloy steel wire rods from UAE at the rate of $480 per metric ton and payments against the same have been made through proper banking channels and electronic import form.
He further argued that on arrival of above-said consignment at Port Qasim Karachi, petitioner through their clearing agent filed goods declaration and submitted that prices of imported goods at the rate of $480 MT, are inclusive of cost and freight i.e. CFR terms, which means that the said purchase price already includes the freight charges.
He informed the court that respondent are bent upon to assess the goods in question as per formula provided vide Valuation Ruling 693/2014 by taking price from London Metal Bulletin and unlawfully adding 5 percent (for low carbon wire rods) on mere assumptions and then by addition of $45/MT on account of freight charges, hence same is being charged by the respondent again, which is illegal, unlawful and tantamount to double taxation which is not permissible under law by any stretch of imagination. Hence, same is warranted to be set aside and declared void ab-initio.
Citing secretary Revenue Division, the Collector of Customs Appraisement Port Muhammad Bin Qasim, the Collector of Customs Appraisement East and West as respondents, petitioner pleaded the court may act of the respondents is illegal, mala fide and arbitrary and declare that addition charges of 5 percent is illegal and no legal effect.
He further pleaded the court may restrain them from taking any coercive action against the petitioner till final order in this case.
