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SHC seeks comments from tax dept on petition filed by M/s Aerow Enterprises

SHC seeks comments from tax dept on petition filed by M/s Aerow Enterprises

KARACHI: The Sindh High Court (SHC) issued notices to tax authorities and deputy attorney general on a constitutional petition filed by M/s Aerow Enterprises challenging wrong assessment on a consignment of different kinds if lend acid batteries in the light of valuation ruling 600/2013 by customs department.

While the hearing of petition, a two-member bench, headed by Justice Munib Akhtar also directing them to file their para wise comments on next date of hearing.

Earlier, counsel for the petitioner through its proprietor, Muhammad Saeed Aktar stated in its constitutional petition that petitioner is engaged in lawful business of import of various goods it had imported a consignment of different kinds of lend acid batteries falling under H.S Code by declaring the transactional value of US$ 7,157 (Rs699,954) and petitioner filed goods declaration accordingly.

According to the petitioner, however, customs department determining and assessing the good at US$26,284 (Rs2,570,618) in light of valuation ruling 600/2013 is illegal and unlawful.

Citing Chairman Federal Board of Revenue, Collector of Customs Collectorate West, Deputy Collector of Customs Group 6, Customs Collectorate West and other and as respondents, petitioner pleaded the court to declare that action of the respondents arbitration, illegal, without jurisdiction and violation of article 4, 18, 24 and 25 of the constitution of 1973.

He also pleaded the court may declare that alleged assessment of goods declaration made by the respondent through unlawful action and determining the illegal liability is also contrary to the act and declare that the petitioner is not liable to pay any such amount of duty and taxes etc.

Counsel for the petitioner requested the SHC may restrain the customs department from taking any coercive measures till final decision of its constitutional petition and direct them to release of its consignment as per assessment filed by petitioner.