KARACHI: The Sindh High Court (SHC) directed customs officials to entertain request of the petitioner for provisional release of the consignment, subject to securing the disputed amount of duty and taxes before the concerned Collectorate in the shape of pay order/ bank guarantee, shall be considered in accordance with law on a constitutional petition filed by M/s G’ FIVE Mobile Private Limited
While the hearing of petition on June 28, 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi also issued pre-admission notices to customs department and directed them to file their para wise comments on next date of hearing.
During the hearing, counsel for the petitioner filed constitutional petition and argued that petitioner is private limited company and is engaged in the import of the mobile parts & accessories in the brand name of M/s G’ FIVE Mobile Private Limited and is seriously and highly prejudiced by the actions of the respondents, whereby the respondents are assessing the value of imported consignment comprising PCB for mobile at $1 per piece without application of existing Valuation Ruling No 1168/2017 dated 22/05/2017 in which values of the impugned goods have been determined at $ 13 per kg despite the fact that the valuation ruling is in the field.
He further submitted that the goods, the appropriate offer has denied to assess the value of the goods in terms of the Valuation Ruling No 1168/2017 and assessed the goods at US$ 1 per kg instead of US$ 13 per kg on the basis of a purported assessment alert which is not known nor confronted to the petitioner.
Citing Chairman Federal Board of Revenue, the Collector Appraisement West as respondents, petitioner pleaded the court to declare that assessment alert or directives of the respondents is illegal, mala fide, confiscatory and arbitrary.
He further pleaded the court may restrain the respondents from taking any coercive action against the petitioner till final order in this petition.