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SHC directs to release consignment of M/s General Dynamic Corp on bank guarantee

SHC directs to release consignment of M/s General Dynamic Corp on bank guarantee

 

KARACHI: The Sindh High Court (SHC) directed customs officials to consider application of importer for provisional release of its consignment strictly in accordance with law on a constitutional petition filed by M/s General Dynamic Corporation against detention of its imported consignment due to disputed valuation.

On 26 August 2020, during the hearing, Imran Iqbal Khan, advocate appeared on behalf of petitioner and stated that application for revising the valuation ruling under section 25A of the customs act, 1969, filed by the petitioner, is pending before the director valuation and petitioner has approached to customs officials for provisional release of the subject consignment under the provision of section 81 of the customs act, 1969.

He prayed that interim order may be passed in this case, for which the petitioner is ready to secure the differential amount of duty and taxes etc, in the shape of pay order or bank guarantee in accordance with law.

After the hearing, court observes in its order that “in such view of the matter, respondent is required to consider the request of the petitioner for provisional release of its consignment strictly in accordance with law and such progress report be furnished to this court or before the next date of hearing”.

Earlier, counsel for the petitioner states in his constitutional petition that petitioner has imported a consignment comprising of synthetic rubber NBR & SBR 1502 and filed goods declaration and on arrival of the goods at Karachi Port, the petitioner approached the concerned customs officials to accept the declare value, however, the appropriate officer has not agreed with the declare transactional value and arbitrarily assessed the values on the basis of valuation ruling no 1091/2017 dated March 18, 2017.

Citing chairman Federal Board of Revenue, collector of Customs Appraisement East/West and Port Muhammad Bin Qasim and Director Directorate of Customs Valuation as respondents, petitioner pleaded the court to declare that denial of declared transaction value under section 25(1) of the customs act, 1969 is arbitrary and illegal to the customs act, 1969.