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SHC issues notices on petition filed by M/s National Chemical Co

SHC issues notices on petition filed by M/s National Chemical Co

KARACHI: The Sindh High Court (SHC) issued notices to the customs department and directing them to file their para wise comments on a constitutional petition filed by M/s National Chemical Co and detention of consignment comprising of sodium lauryl ether sulphate due to enhancement of valuation.

On 4 February, 2020, a two-member bench headed by Justice Aqeel Ahmed Abbasi was hearing the matter.

During the hearing, the counsel for petitioner stated that his petitioner has imported a consignment comprising of sodium lauryl ether sulphate on unit declare value of  $0.905/kg assessment value of $1.365/kg accordingly the operation bank has established a letter of credit dated 31/10/2019.

He submitted that on arrival of the impugned goods the petitioner has filed goods declaration with assessment dated 31/01/2020 under section 79 of the customs act, 1969 and requested the appropriate officer working under customs officials to accept the declared value under section 25(1) of the customs act, 1969 and finalize the assessment accordingly.

Counsel further argued that however, the customs officials without confronting the declared transaction value has denied to accept the same and proposed the assess the duty and taxes on the basis of impugned valuation ruling no 1305/2018 dated 21/05/2018 which was already challenged by the petitioner before the customs officials vide application dated 29/01/2020, due to the reason that the impugned valuation ruling has become inapplicable in view of the judgment of this court.

Importer said that petitioner is seriously aggrieved and highly prejudiced by the actions of the respondents, whereby the customs department has denied the declared transaction value of the imported consignment.

Citing chairman FBR, the collector Customs Appraisement East, West and the Director Directorate General of Customs Valuation as respondents, petitioner pleaded the court to declare that not allowing provisional release of consignment is disregard to the orders of this court and restrain then from any coercive action against the petitioner is respect of the past and closed consignments.