KARACHI; A division bench of the Sindh High Court (SHC) directed customs officials to consider the request of the petitioner for provisional release of its consignments strictly according with law and progress report be furnished to this court on or before the next date of hearing on a petition filed by M/s Karsons Enterprises against enhance of its imported goods 236 drums net weight 38,940 kilograms, sodium mauryl ether sulfate 70% 165 kilograms plastic drum each imported from China.
On 16 July 2020, during the hearing, Sardar Muhammad Ishaque, advocate for petitioner appeared before the court and argued that petitioner is ready to secure the disputed amount of duty and taxes etc, in shape of pay order or bank guarantee in accordance with law, therefore, court may direct customs officials for consideration of petitioner’s request.
Earlier, counsel for the petitioner stated that the petitioner carrying out business activities by profession conducting business of import, wholesaler, distributors since last year, dealing in different miscellaneous items and running his business in a lawful manner accordingly and has never been indulged in activities in derogation of law.
He further submitted that in the normal course of business, the petitioner imported their respective consignments regularly of 236 drums net weight 38,940 kgs, sodium mauryl ether sulfate 70% 165 kgs plastic drum each from China and filed goods declaration against the mutual agreement for US$ 0.95/kgs and such price actually paid/payable by the petitioner is, inter/alia, inclusive of the cost of packing and electronically filed the GDs in accordance with law.
He said that however, customs department’s officials opened their case, and without lawful reasons refused the clear the imported goods on declared value and assessed the GDs on enhance value for US$ 1.42/kg, consequently the import duty and taxes were enhance against HS Code 4302, on the basis of irrelevant data/ guide line, without any cogent evidence/ specific reasons, without consider the subject goods are imported against contract agreement as well as bank transaction.
Citing chairman FBR and collector of Customs Appraisement East, West as respondents, petitioner pleaded the court to declare that act of the respondents as illegal, mala fide and arbitrary.
He further pleaded the court to direct them to release his consignment on declared value and restrain them from taking any coercive action against the petitioner till final order of this petition.