KARACHI: Justice Muhammad Shafi Siddiqui of High Court of Sindh on Friday disposed of a suit filed by Imran Hardware Store after the sides agreed to a consent judgment wherein Custom authorities will re-assess the consignments of the plaintiff.
Ghulam ullah Sheikh advocate represented the plaintiff while Pakistan Customs, Valuation was represented by Masooda Siraj and Sardar Zafar Hussain advocates.
The counsel for plaintiff challenged the powers of the Additional Director,Valuation of enhancing the value under section 25(a) of the Customs Act 1969. He maintained that the consignment is liable to be assessed at ‘transactional value’ which is US $ 0.90 per kilogram but the defendants are assessing the same at US $ 1.470 per Kg on the basis of valuation guideline/reference dated 29-7-2016. The Additional Director, Customs Valuation has no powers to issue a guideline, submitted Ghulam ullah Sheikh advocate.
Masooda Siraj, counsel for Customs Valuation department in her arguments relied upon a notification dated June 09, 2007 under which officers were appointed to deal with the valuation. The respondent AD, Valuation acted within four corners of law, she submitted.
Later after detailed arguments both the defendant as well as plaintiff agreed to a re-assessment by the Valuation department of the disputed consignment.
The bench then disposed of the suit by consent judgment directing the Customs Valuation to re-assess the consignment and realize the duties, taxes as per new determination.