KARACHI: The Sindh High Court (SHC) issued notices to the customs department and deputy attorney general on a constitutional petition filed by M/s Dollar Industries, seeking its consignments of stationary items including black lead pencils and color pencils being imported by the petitioner on the basis of the valuation ruling No 1182/2017.
On August 02, 2018, while the hearing of petition, a two-member bench also directing them to file their respective para wise comments on next date of hearing.
During the hearing, counsel for the petitioner stated in its constitutional petition that petitioner is seriously aggrieved and highly prejudiced by the actions of the customs department, whereby, customs officials are carrying out final assessment of the consignments of stationary items including black lead pencils and colour pencils being imported by the petitioner on the basis on the Valuation Ruling No 1128/2017 and are demanding duties and taxes, while requests of provisional release of such consignments are not being entertained.
Counsel argued that such actions of the respondents are impermissible under the law, especially in light of the fact that the Valuation Ruling No 1128/2017 as well as the Order-in-Revision No 416 of 2017 issued and passed by the customs officials have been challenged by the petitioner before the Customs Appellate Tribunal under Section 194-A of the Customs Act, 1969 and the said appeal has been heard and reserved by the tribunal.
Citing Secretary Revenue Division, DG Valuation, Appraisement East and West as respondents, he pleaded the court to declare that while the vires, legality etc, of the valuation ruling issued under Section 25-A of the Customs Act, 1969 is pending before any forum having competent authority, consignments of goods covered by such a valuation ruling/instrument shall be released on a provisional basis under Section 81 of the Customs Act, 1969 and the securities/bank guarantees provided for provisionally released consignments shall not be enchased. He also pleaded the court to direct them to release its consignments immediately.
