SHC order personal appearance of Collector Customs Appraisement East and Director Valuation on Nov 08

KARACHI:- A division bench of High Court of Sindh (SHC) comprising Justice Sajjad Ali Shah and Justice Junaid Ghaffar on Friday ordered Collector Customs Appraisement and Director Custom Valuation to appear in person before the court on Tuesday, Nov 08 at 11 a.m.

The bench was irked by scores of constitution petitions filed by importers of goods against Valuation Rulings enhancing Custom duty and other taxes and inordinate delay in deciding review applications causing them loss in terms or demurrage and business.

The bench was hearing a petition filed by Mehboob Re Rolling Mills against Secretary Revenue Board, Chairman FBR, Collector Port Muhammad Bin Qasim, Director General, Valuation and Director Valuation.

The ID of the petitioner is blocked despite order of the tribunal in favor of the petitioner, the counsel for petitioner submitted adding that Custom Officials are re-assessing the entire consignment.

The bench noting the delay observed that respondents must have decided the issue as order was passed about a year and a half back. Masooda Siraj and Kashif Nazeer advocate appearing for the respondents said that they have received the copy of the petition only yesterday.

The Officers represented by you had the copies and an order was passed in 2013, what could the department could get out of such Special Custom References, the bench asked. Who is the Director Valuation, asked the bench,

The counsel for Customs informed the court that Mr Manzoor Memon is posted as Director Valuation. The officers being defended by you have not performed their duties as per law and hence are being summoned, the bench said. The bench in its order observed that gross mal-administration on part of Director Valuation has been brought to the notice of the court and hence both Collector Customs (Appraisement) East and Director, Custom Valuation shall appear before the court on Tuesday, Nov 08.

The counsel for Pakistan customs requested the court to provide a last opportunity so that order of the court is complied with but the court declined the request. We would call them to the court and enquire that how they ordered filing of a Special Reference.

The petitioner moved the court as Customs Valuation issued a new Valuation Ruling 767 of 2015 on 15-10-2015. The petitioner, which imports re-meltable and Re Rolling scrap from worldwide, maintains that at the time of import, the valuation was at the rate of US $ 287 per piece but Customs are now re-assessing the entire consignment at a rate of US $ 440 for Re Rolled scrap and US $ 620 for Compressor scrap, which is unreasonable.

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