KARACHI: M/s Salim Winding Works has moved the Sindh High Court (SHC) and filed a petition against detention of its imported consignment comprising metallic yarn, including M-Type and MS-Type under the garb of valuation ruling no 964/2016
On 8 September 2020, counsel for the petitioner argued that petitioner is engaged in commercial import of inter alia, metallic yarn, including M-Type and MS-Type, different origins, including Bangladesh, Sri Lanka and Malaysia, through years of hard substantial goodwill and reputation as a scrupulous concern.
He submitted that during the course of business, petitioner imported above mentioned goods and filed goods declaration according with law, however, officials of the customs department assessed the imported consignment on the basis of valuation ruling no 964/2016 which has been challenged by the petitioner and pending before the concerned forum.
He informed that it is submitted that through the impugned valuation ruling determination whatsoever was carried out as envisaged in the customs act, 1969, and the customs rules, 2001, instead, in a patently unlawful manner, the respondents merely fixed values for such metallic yarn.
He further argued that in utter disregard for the law, the respondents proceed to issue the impugned valuation ruling, which fails to adhere to the methods of valuation provided for under section 25 of the customs act, 1969 and rules 2011, framed in terms thereof. In fact the respondents have merely invoked sub-section (9) of section 25 of the customs act, 1969, to justify fixation of arbitrary, unjustified and illegal values for the purposes of assessment of metallic yarn, including M-Type and MS-Type, including those imported by the petitioner.
Citing secretary Board of Revenue, director Valuation, collector of Appraisement East, West and PMBQ as respondents, petitioner pleaded the court to declare that the impugned valuation ruling read with the order-in-origin does not contain any determined values for the imports of the petitioner.