KARACHI: The Sindh High Court (SHC) has sought para wise comments on a constitutional petition filed by M/s Specialty Chemical Industries Private Limited against enhancement of valuation of imported consignments of rubber from US$ 270 to US$ 380 per metric ton.
On 9 April 2021, a two-member bench, headed by Muhammad Junaid Ghaffar heard the matter, during the hearing, court directed customs officials to make sure filing their comments on next date of hearing.
Counsel for the petitioner stated that petitioner imported two consignments of rubber solvent in June & September 2020 in bulk at the rate of US$ 270 per metric ton of Oman Origin from M/s M. Union Chemical Trading of UAE and after arrival of the consignments the petitioner through its clearing agents filed goods declarations with the customs officials.
He submitted that petitioner was shocked when customs officials issued a notice titled as demand cum show cause notice which is impugned in the present petition alleging that on scrutiny the petitioner has cleared the consignments of rubber solvent on a lower value of US$ 270 per metric ton compared to its base material naphtha which is US$ 380 per metric ton thereby the petitioner was called upon to pay the short realization of government revenue to the tune of Rs8,815, 966 with a threat of penal action in case of none deposit with further directions to the petitioner to produce record of seals of consignments imported by the petitioner along with other relevant record.
Citing chairman FBR, deputy collector of Customs Enforcement & Compliance, Oil Section, Kemari, Karachi as respondents, petitioner pleaded the court may declare that the impugned notice is illegal, without jurisdiction, null and void as well as malafide and therefore unenforceable.
He further pleaded the court may declare that the impugned demand notice dated March 13, 2021 us ultra vires of section 25 read with section 32 of the customs act, 1969 and restrain them from taking any coercive action against the petitioner till final order in this petition.
