KARACHI: The Sindh High Court (SHC) issued notices to customs department and deputy attorney general directing them to file their respective para wise comments on a constitutional petition filed by Ajit Kumar, proprietor of M/s Hansika Enterprises seeking restraining order from carrying out final assessment of the consignments of toilet soap imported by the petitioner on the basis of the Valuation Ruling No 1360 of 2019 dated 04/04/2019.
On July, 2019, a two-member bench was hearing the matter. During the hearing, counsel for the petitioner stated that petitioner is engaged in the lawful import and supply of inter alia, toilet soap, through hard work, commitment to professional excellence and by diligent adherence to quality products at reasonable cost, the petitioner has earned the trust and confidence of countless dedicated customers all over the country.
He argued that petitioner is seriously aggrieved and prejudiced by the acts of the respondent, whereby the respondent director valuation, in spite of its obligations under the law, has unlawfully and in dire contradiction and violation of section 25-A of the Customs Act, 1969 determined/ fixed the values of toilet soap vide the impugned valuation ruling.
He further argued that respondent has acted in violation and excess of the powers conferred thereupon under the Customs Act, 1969 and the issuance of the impugned ruling has resulted in serious harm and loss to the petitioner as well as other stakeholders in the local market of toilet soap and actual price paid/payable for the impugned goods remains significantly lower than the value unlawfully fixed through the impugned valuation ruling.
Counsel said that however, despite the patent illegalities therein, the respondent has deemed the impugned ruling fit for the purposes of assessment of imported consignments of toilet soap.
Citing secretary Revenue Division, collector of Customs Appraisement East, West and DG Valuation as respondents, petitioner pleaded the court to restrain the respondents/ their officers from carrying out final assessment of the consignments of toilet soap imported by the petitioner on the basis of the Valuation Ruling No 1360 of 2019 dated 04/04/2019.