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SHC directs to maintain status quo on petition filed by M/s Aamir Brothers challenging VR 1408/2019

SHC directs to maintain status quo on petition filed by M/s Aamir Brothers challenging VR 1408/2019

KARACHI: The Sindh High Court (SHC) directed customs officials to maintain the status quo till the next date of hearing on a constitutional petition filed by M/s Aamir Brothers challenging valuation ruling no 1408/2019.

On 25 October 2021, a two-member bench, headed by Justice Shafi Muhammad Siddiqui heard the matter, during the hearing, Sardar Muhammad Ishaque consul for petitioner, Kafeel Ahmed Abbasi deputy attorney general and Hussain Bohra assistant attorney general appeared before the court.

After the hearing, court directed parties that let para wise comments be filed in 10 days time with advance copy to the petitioner’s counsel, to be fixed soon, thereafter, interim order passed earlier to continue till next date of hearing.

It needs to be mentioned here, on the previous date of hearing, the court passed an interim order that “let status quo be maintained by the respondents”.

Earlier, counsel for the petitioner stated that in the normal course of business, the petitioner is being active importer, wholesaler & distributors company import the carbon steel balls from China, as well as different miscellaneous items/ goods has been importing these goods continuously around the world which are cleared through all appraisement collectorate of customs regularly without any hindrance and/ or any allegation/ charges of under invoicing or any kind of mis-declaration.

He submits that customs officials issued the valuation ruling no 1408/2019, the petitioner is submitted the application dated Nov 02, 2020 for re-determination/ revised of the customs value for the purpose of completion assessment of the goods/ commodity in the light of current international/ local market scenario in future and oblige as well as valuation ruling is already expire 90 days as per SHC case.

He further submits that petitioner is seriously aggrieved and highly prejudiced by the actions of the respondents, whereby, the respondents are assessing the imported consignment and demanding duties and taxes on the basis of the valuation ruling no 1408/2019 issued by the respondent, despite the fact that the impugned valuation ruling is not sustainable in the eyes of the law.

Citing Chairman FBR, The Collector of Customs MCC Appraisement East and Director Valuation as respondents, petitioner pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary.

He further pleaded the court to direct them to release petitioner’s consignment on provisional release under section 81 of the customs act, 1969.