Importer seeks SHC permission for release of goods against bank guarantee

KARACHI: A division bench of High Court of Sindh issued notice to the FBR, Collector Customs, West and Director General, Directorate of Valuation for Sept 11 , in an application filed by Perwaiz Trading Corporation seeking release of imported consignments against a bank guarantee instead of cash payment of pay order equivalent to the differential value of duty and taxes etc.

High Court of Sindh earlier on  Sept 04 has allowed an application by the petitioner for release of consignments if it deposits the diferential/ disputed amount against customs duty, tax and other levies .

The application was moved by the petitioner company in a petition CP-D 5239/ 2015 making the Chairman, Federal Board of Revenue (FBR), Collector Customs, West ,Model Custom Collectorate, Director General and Director Valuation respondents in the petition.

 The maintained that his company is a regular importer of AC Disk, Fog Type 80 KN Porcelain Insulators from China ( Dalian Insulators Grouo. The item was normally importedby National Transmission and Dispatch Company (NTDC) WAPDA , DISCO, K Electric all power utility companies.

The petitioner maintained that custom authorities were approached for assessment as per GD (Goods Declaration) at a rate of US $ 9.6039 per Kilogram under HS Code 8546-2000 but respondent Director Valuation  tried to impose value under Valuation Regulation 729/2015. The petitioner alleged that over valuation was managed by / or at thew behest of EMCO Industries Lahore who are the sole manufacturer of the identical goods. The petitioner maintains that they have filed the Review application which is still pending. The petitioner however moved the court as more consignments landed at the port and increasing demand by clients necessitated immediate clearance/ release of the consignments.

The bench on previous hearing allowed the request for release of goods but on condition that petitioner will pay the differential amount in respect of disputed custom duty, taxes etc . The money was to be deposited with the Nazir of Sindh High Court. Today, the bench heard an application by the petitioner who sought an amendment to the earlier order where by instead of cash payment or pay order, the release of goods was sought against a bank guarantee.

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