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M/s G’ Five Mobile approaches SHC against enhancement of valuation

M/s G’ Five Mobile approaches SHC against enhancement of valuation

KARACHI: The Sindh High Court warns that if no comments are filed provisional release of the subject consignments shall be ordered after securing financial interest of the department/ national exchequer on a constitutional petition filed by M/s G’ Five Mobile Pvt Ltd, M/s Bellco Trading Company Pvt Ltd, M/s IG Innovation Gresso Pvt Ltd against enhancement of valuation of consignments of printed circuit board assemblies for mobiles.

On July 26, 2019, Khalid Rajpur advocate filed power on behalf of customs departments, which is taken on record and sought time to file comments by July 29, 2019, counsel for petitioners has seriously objected to such request and prays for provisional release of subject consignment.

After the hearing, court fixed the matter for July 29, 2019 and observes that if no comments are filed on next date of hearing provisional release of subject consignments shall be ordered after securing financial interest of the department/ national exchequer.

Earlier, counsel for the petitioners argued that petitioners are seriously aggrieved and highly prejudiced by the unlawful action of respondent whereby customs officials have unlawfully issued impugned assessment alert directing all the Collectorates for assessment of printed circuit board assemblies for mobiles @$1.OO/ PC while the assessable value of printed circuit board assemblies of China origin is already determined @$ 13.00/ pc by the Directorate General of Customs Valuation under section 25/D of the customs act, 1969 vide Valuation Ruling No 1168/2017.

He further argued that commodity printed circuit board assemblies for mobile were being regularly imported and assessed invariably @US$ 13.00/kg as per valuation ruling no 1168/2017, however, after issuance of impugned assessment alert, the item is being arbitrary assessed @US$ 1.00/ PC in utter violation of the aforesaid valuation ruling which is still valid and in field.

The arbitrary and unlawful enhancement of assessable value of under reference commodity has resulted into manifold hike in landed cost of the product which has adversely affected petitioners legitimate business and their contractual obligations huge financial losses.

Citing Sectary Revenue Division, Collector of Appraisement West, Additional collector of Appraisement West as respondents petitioners pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary.

He further pleaded the court to direct them to release their consignments immediately on bank guarantees.