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SHC calls comments on petition filed by M/s Rizwan & Company, M/s Dow Fabrics & others

SHC calls comments on petition filed by M/s Rizwan & Company, M/s Dow Fabrics & others

KARACHI: The Sindh High Court (SHC) issued notices to the customs department and deputy attorney general on a constitutional petition filed by M/s Rizwan & Company, M/s Dow Fabrics, M/s Abid Enterprises, M/s Rask International, M/s Riaz and Sons, M/s Ismail Hamad and Sons and M/s Dua Industries against Valuation Ruling No 1387/2019.

A two-member bench headed by Justice Aqeel Ahmed Abbasi hearing on 6.11.2019.

During the hearing, counsel for the petitioners argued that they have imported consignments of polyester yarn on unit value of US$ 1.07 to 1.27 per kg, however, customs officials are assessing unit value of the impugned goods are determined at US$1.13 to 1.78 per kg denier basis as against declared US$1.07 to 1.27 per kg under the garb of valuation ruling no 1387/2019 dated 03/09/2019.

Counsel stated that petitioner is seriously aggrieved and highly prejudiced by the actions of the respondents, whereby by respondents have denied to accept the declared transaction value of the imported consignments of polyester filament yarn and is assessing the duty and taxes on the basis of the valuation ruling no 1387/2019 dated 03/09/2019 issued by director, directorate general of customs valuation, Karachi, despite the fact that the prices determined therein is much higher and without following the sequential methods laid down under section of the customs act, 1969 and therefore, the petitioners have challenged the above ruling by filing of revision petition in terms of section 25-D of the customs act, 1969 on 28/10/2019 along with others.

Citing chairman Federal Board of Revenue, collector of Customs Appraisement East and West DG Directorate General of Customs Valuation as respondents, petitioners pleaded the court to declare that act of the respondents is illegal, mala fide and illegal.

Counsel further pleaded the court to direct them to allow provisional release their consignments and restrain them from taking any coercive action against the petitioners till final order in this petition.