KARACHI: The Sindh High Court (SHC) directed customs officials and deputy attorney general to file their comments on a petition filed by M/s Wali Master seeking release order for imported consignments of wallpapers tiles detained by customs officials due to disputed valuation.
On December 24, 2018, a two-member bench, headed by Justice Aqeel Ahmed Abbasi, heard the matter.
During the hearing, counsel for the petitioner stated in its petition that he imported a consignment of deluxe composition tiles; however, officials of the customs department bent upon to assess the same under PCT heading 3918.1000, attracting higher rate of customs duty as well as regulatory duty, on the allegation of its composition by filler or calcium carbonate.
He further submitted that proper determination of imported goods needs further inquiry. The petitioner opted for provisional determination under the mandate of Section 821 of the Customs Act, 1969, vide its application dated 28/11/2018 and opt to secure the likely differential amount of duty and tax under section 81 ibid, however, the respondents are bent upon to delay, neglect and deny the legal rights of the petitioner for release of its duty paid consignment.
Citing chairman Federal Board of Revenue, collector of Customs Appraisement East, Deputy Collector (Group-IV), Appraisement East as respondents, petitioner pleaded the court to declare the act of the respondents as illegal, mala fide and arbitrary.
Importer further pleaded the court to direct them to release the subject consignments of the petitioner, lying within port since more than a month and has been incurring demurrage and detention charges on day to day basis, upon provisional determination and without discrimination to the petitioner.
