KARACHI: The Sindh High Court (SHC) issued notices to customs officials,deputy attorney general and directed them to file their respective para wise comments on next date of hearing on a constitutional petition filed by M/s S.M. Industries seeking provisionally release of imported consignments of various fabrics.
On 25 October 2020, a two-member bench heard the matter, during the hearing, counsel for the petitioner argued that petitioner is a regular taxpayer and contributes significantly to the economy of the county and regular importer of various fabrics.
He submitted that through the valuation ruling no 1449/2020, the customs officials have arbitrarily imposed a valuation for different types of fabrics falling in various PCT headings, the petitioner is an importer of these fabrics and is therefore, seriously aggrieved by the valuation ruling which is entirely unlawful and has been passed in a manner that reflects mala fide on part of the customs officials, it is constitutional and without jurisdiction.
He stated that respondents were not allowing provisional release of consignments of the petitioner during pendency of revision against impugned valuation, however, pursuant to the court orders, petitioner had 11 of its GDs processed and released provisionally by submitting pay orders to secure the differential amount. However, customs officials are not allowing provisional release.
Citing chairman FBR, DG valuation, chief collector of Customs South, collector of Customs Appraisement Port Qasim, West and East as respondents, petitioner pleaded the court to direct them to release the goods of the petitioner declared without any further delay.
He further pleaded the court to direct the respondents to allow provisional release the consignments mentioned herein as well as future consignments shipped and/ or to be shipped subject to the final decision of the appeal filed by the petitioner.
