KARACHI: The Sindh High Court (SHC) directed parties to make sure to file their comments on a petition filed by M/s Wali & Co challenging the legality of the customs value of garlic and ginger being charged on basis of ninety days old Valuation Ruling No 1299.
On October 02, 2018, a two-member bench, headed by Justice Aqeel Ahmed Abbasi, heard the matter. During the hearing, counsel for the customs department sought time to file comments; therefore, court granted time and directed them to file comments on next date of hearing.
Counsel for the petitioner stated in his constitutional petition that petitioner is a proprietorship concern engaged in the import of garlic of China origin, by the way of background, the DG Valuation issued valuation ruling on determination of customs value of said goods adopting a deductive value method.
He argued that customs officials purportedly conducted market inquiries using DVM for determining the customs value of garlic and ginger and the customs value of fresh garlic of China origin is determined at $1.07 per kilogram.
He said that petitioner approached the customs officials for revision of the valuation ruling on the ground, inter alia, of disparity in new crop price in China garlic market and customs value determined in the valuation ruling, the new crop price in China garlic market is between $400 to $500 per metric ton and there is disparity of $500 metric ton.
He said that customs officials have not decided the petition for revision of valuation ruling yet, instead of filing all supporting documents with the customs authorities in respect of such consignments, again, this request has not been attended to, therefore, petitioner will suffer irreparable loss and injury, if the respondents are not directed to provisionally release the goods of the petitioner.
Citing Secretary Revenue Division, chairman Federal Board of Revenue, director Directorate General of Valuation, Chief Collector Customs Appraisement East and respondents, he pleaded the court to declare that the transactional value of the fresh ginger imported by the petitioner from China are relevant for the purpose of determining the duties and taxes payable by the petitioner on its imports.
