KARACHI: The Sindh High Court (SHC) directed customs authority to file their comments and no action should be taken against the petitioner till next date of hearing on a constitutional petition filed by M/s Hamza Waqar Enterprises against detention and enhancement of valuation of imported sodium lauryl ether sulfate 70 percent from Indonesia.
On 27 March 27, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the petition.
During the hearing, counsel for the petitioner stated that petitioner is engaged in lawful business and imported their respective consignments regularly of 120 drums in total quantity 19,800 kgs, sodium lauryl ether sulfate 70 percent from Indonesia for $1.50 per kg total $20,889.
He further submitted such price actually paid/ payable by the petitioner is inter-alia, inclusive of the cost of packing and electronically filled the goods declarations strictly in accordance with law, however, customs officials without consider the current market value is $-950 to $-1000 previous evidence as well as without any valid valuation ruling or valuation committee direction or fresh notification issued by the Collectorate, the assessment officer enhance the value without justification and lawful reason, therefore demand the further enhance duty and taxes, it is illegal and against the law.
He said that customs officials enhanced the valuation for US$-1.42 without given any lawful reasons and refused to release his consignment which laying at port.
Citing chairman FBR, the collector of Customs Appraisement East/ West as respondents, petitioner pleaded the court to direct them to provisional release under section 81 of the customs act, 1969 the imported goods of the petitioner, in the meanwhile the petitioner is ready to submit solvent surety/ pay order/ bank guarantee/ PDC against the different amounts of duty and taxes, before the Nazir of this court.
He further pleaded the court may restrain them from taking any coercive action against the petitioner till final order in this petition.