KARACHI: The Sindh High Court (SHC) directed customs department and deputy attorney general to file their para wise comments on a constitutional petition filed by M/s Nusrat Corporation challenging valuation ruling no 1352/2019 and seeking provisional release of its consignment comprising chlorinated paraffin (kanachlor OPT).
On November 8, 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi heard the matter.
During the hearing, counsel for the petitioner informed that petitioner has imported a consignment of chlorinated paraffin (kanachlor OPT) on unit value of US$ 0.650 and on arrival of the impugned goods filed goods declaration with assessment note no KAPE-HC-59935-25-10-2019.
He submits that however, the customs department without confronting the declared transaction value has denied to accept the same and proposed to access the duty and taxes on the basis of impugned valuation ruling no 1352/2019 which is already challenged due the reason that impugned valuation ruling has become inapplicable in view of the judgment of apex court.
He further argued that on his request, customs officials also denied to provisional release of its consignment until final decision of the director valuation due to which petitioner is facing critical situation.
Citing chairman FBR, Collector of Customs Appraisement East and director of valuation as respondents, petitioner pleaded the court may declare that act of the respondents is illegal, unlawful.
He further pleaded the court to direct them to release his consignment immediately and restrain respondents/ their officer from taking any coercive action against the petitioner till final order of his petition and direct the respondent to issue delay detention certificate.