KARACHI: The Sindh High Court (SHC) dismissed constitutional petition filed by M/s Al-Karam Traders challenging valuation ruling no 1450/2020 due to enhancing valuation of PU artificial leather consignment from US$ 2.51 to US$ 4.50 per kg.
On 1 September 2020, a two-member bench, headed by Justice Aqeel Ahmed Abbasi and Justice Zulafqar Ahmed Khan heard the matter.
During the hearing, counsel for the petitioner submitted that petitioner is a regular importer of PU artificial, leather with non-woven backing at US$ 3.15 per kg, PU coated artificial leather with woven backing at US$ 3.05 per kg value in terms of section 25(1) of the customs act, 1969, the director valuation issued the valuation ruling no 1450/2020 dated June 04, 2020 at US$ 4.50 per kg.
He further submitted that respondent issued said higher value, being aggrieved and dissatisfied with the valuation ruling no 1450/2020 and filed a revision petition no 01005/2020 in terms of section 25D of the customs act, 1969 before the director general of customs valuation, same is still pending.
He argued that during the pendency of valuation ruling, the petitioner requested the respondents to release the consignment under section 81 of the customs act, 1969, but respondent did not release the goods therefore, consignment is incurring heavy demurrages and detention charges, however, petitioner has no other remedy but to prefer the titled constitutional petition for interim relief.
Citing chairman FBR, DG valuation, director Valuation and collector of Customs Appraisement East as respondents, petitioner pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary.
He further pleaded the court to declare that the respondents are under obligation to allow the clearance of duty paid goods under section 83 of the customs act, 1969 without further delay and allow assessment under section 81 of the customs act, 1969, the consignment may be released provisionally till the pendency of revision petition before the DG Valuation.