KARACHI: Justice Junaid Ghaffar of High Court of Sindh (SHC) on Monday disposed of a suit filed by Nishat Paper Products against Valuation Ruling 721/2015 remanding the controversy to the adjudication officer.
The bench earlier heard counsel for petitioner and counsel for Director General, Valuation Ruling and passing the judgment said that plaintiff be given benefit of section 80. The plaintiff shall be given a proper hearing as well as a fair chance to reply to any allegation. The bench inquired that whether any notice was issued by the custom authorities to the plaintiff. The counsel for plaintiff said that no notice was issued yet. The single judge disposing of the suit observed in the order that if any adverse order is passed against plaintiff by the custom authorities, he can seek appropriate remedy from the competent forum.
The plaintiff cited the Secretary Finance, Chairman FBR, DG valuation, Collector Custom Weboc, Model Custom Collectorate Appraisement and Collector Custom Port Muhammad Bin Qasim. He maintains that VR 721/2015 replaced the VR 601/2013 levying custom duty and taxes at very high rates and VR was arbitrary and determined in violation of procedure prescribed under section 25 of the Custom Act 1969.
The DG Customs rebutting the arguments maintain that petitioner has not exhausted the remedy under section 25 and suit filed is thus not maintainable.