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M/s Badar Enterprises moves SHC against Valuation Ruling No 1381/ 2019

M/s Badar Enterprises moves SHC against Valuation Ruling No 1381/ 2019

KARACHI: M/s Badar Enterprises approached the Sindh High Court (SHC) and filed a petition against valuation ruling no 1381/ 2019 and seeking release order for its imported consignment of aseptic packing seized by customs officials due to allegedly higher valuation.

On 14 July 2020, counsel for the petitioner stated that petitioner is engaged in the manufacturing of various drinks apple, orange and mango juices etc, the petitioner is also engaged in the import of raw material, including but not limited to aseptic packing.

He further submitted that petitioner is seriously aggrieved and prejudiced by the acts of the respondents, whereby the director valuation, in spite of its obligations under the law, has unlawfully, arbitrarily, and in dire contradiction and violation of section 25A of the customs act 1969 and the customs rules 2001, framed there-under purportedly determined/fixed the value of aseptic packing material vide the impugned valuation ruling no 1381/2019, director valuation has acted in violation and excess of the powers conferred thereupon under the customs act, 1969.

He stated that the issuance of the impugned valuation ruling has resulted in serious harm and loss to the petitioner as well as other stakeholders in the local market, the actual price paid/ payable for the impugned goods remains significantly lower than the value unlawfully fixed through the impugned valuation ruling, however, despite the patent illegalities therein, director valuation has deemed the impugned ruling fit for the purposes of assessment of imported consignments of aseptic packing materials.

Citing Chairman FBR, collector of Customs Appraisement West, East and DG Valuation as respondents, petitioner pleaded the court to declare that while the vires, legality etc, of a valuation ruling/ instrument issued under section 25A 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.