KARACHI: A custom appellate bench of High Court of Sindh hearing a petition seeking implementation of judgment passed by a division bench of SHC in SCRA 345/2018 and identical matters, sought compliance report by next date of hearing fixed for Sept 15.
The bench comprising Justice Irfan Saadat Khan and Justice Rashida Asad passed the order while hearing a petition filed by Raja Steel, Steel Zone and New Aijaz Engineers & Manufacturers.
A counsel from renowned law firm Franklin Law Associates representing the petitioner companies maintained that their clients are seeking implementation of judgment passed in 2018 by then customs bench of SHC which has held that value determined under Valuation Ruling 1213/2017 dated 27-9-2017 of Galvanized Steel Sheets and Coils of secondary quality is not based on legal footing as it has been fixed on the basis of data/rates of London Metal Bulletin and other extraneous consideration in violation of section 25-A of the Customs Act 1969.
The judgment required of the custom authorities to assess the aforesaid Goods Declarations and determine the value of consignments of petitioners in terms of section 25 and transaction value as per law.
The counsel from Franklin Law Associates argued that despite authoritative pronouncement respondents have not finalized the assessment in respect of GDs of the petitioners whereas disputed amount submitted before the Collectorates concerned is being withheld un-necessarily. He prayed for direction to the respondent Collectors Appraisement & Facilitation, Port Muhammad Bin Qasim, Collector East and West, Director General and Director of Valuation Department to implement the said judgment.
The bench after a detailed hearing, ordered issuance of pre-admission notices to the DAG as well as all the respondents for Sept 15 while directing the respondents to “ensure compliance of judgment by DB of this Court” if the same is not set aside or suspended by the Supreme Court of Pakistan and if no legal impediments prevents such an exercise. The bench also sought compliance report on next date of hearing.
It also sought comments/reply from respondents with advance copy to the petitioner.