SHC disposes of Tricycle case, orders adjudication in 15 days

KARACHI: A division bench of High Court of Sindh (SHC) on Wednesday disposed of a petition filed by Farooq Corporation after the petitioner side agreed to pay all duty, taxes, and penalty for release of their consignment of battery operated tricycles (Completely Built Units or CBUs).

The case was fixed today for submission of written rejoinder by the petitioner who was under direction of the court to state explicitly the nature and form of items in dispute.

Earlier on a previous hearing Masooda Siraj Advocate counsel for DG Valuation and Principal Appraiser Law, Ilyas Ahsan told the court that in this case Valuation Ruling 871 of 2016 is applicable which determines the value of the item in dispute at a rate of US $ 4 per kilogram. They both maintained that PCT Heading is irrelevant in this particular case when the mis-declaration of description of goods is established beyond any doubt.

Farooq Corporation filed the petition against Custom Valuation alleging higher rate of duty.

The petitioner imported battery operated tricycles (assembled) while according to goods declaration  imported consignment consisted of baby trike parts.

During examination by Customs mis-declaration of description of goods was established after which the consignment was detained and the importer Muhammad Farooq was booked in two separate FIRs as  a dispute developed between Directorate of Customs Intelligence (Enforcement) and MCC Appraisement West over the jurisdiction. Today when the petition came up for hearing Zia-ul-Hasan advocate of Franklin Law Associates sought release of the consignment and said importer is ready to pay duty, taxes and even fine.

As the offer was acceptable to the respondent custom officials, the bench allowed the request ordering the petitioner to pay all levies besides fine with the concerned Collectorate while the Customs Valuation was also directed to adjudicate appeal by the petitioner/appellant in 15 days.

As per the facts reported by Directorate of Customs Intelligence, information was received that M/s Farooq Corporation was importing baby tricycle battery operated in the garb of baby trike parts through mis-declaration of description and gross under valuation.

Monitoring was kept and a GD filed through M/s Sai Enterprises after having been cleared was assigned to gate out staff through Yellow Channel. The consignment was online blocked and upon examination was found to be containing Baby Tricycle battery operated instead of declared baby trike parts. An amount of Rs0.992 million was allegedly evaded which was now paid by the petitioner along with fine.

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