KARACHI: A two member bench of Custom Appellate Trinbunal, Karachi comprising Abdul Jabbar Qureshi (Member Judicial) and Abdul Basit Chaudhry (Member Technical) allowed a stay application filed under Order XXXIX, Rule 1&2 of C.P.C suspending an Order in Revision passed by Director General, Valuation.
The bench earlier heard 198 identical appeals 1/2023 to 198 of 2023 filed by Imperial Cap Factory and others, importers of used clothings, shoes, toys and kitchen ware. These goods were classifiable under PCT Headings 6309.0000, 9503.0090 and 7323.9900 respectively.
The applicants/ importers have challenged the Valuation Ruling 1713/2022, dated 16-12-2022 wherein custom value of these goods was pre-determined. Aggrieved by the Valuation Ruling filed review petitions before the DG, Valuation under section 25-D of the Customs Act 1969 which were rejected vide common Order in Revision No 01/2023 dated 4-1-2023 against which the appeal were filed.
The appellants then moved a stay application. The Custom Appellate Tribunal heard the arguments in detail and reached at conclusion that VR was not determined as per sub section 9 of the Section 25 of Customs Act 1969.
The bench allowed the stay application to the extent of appellants suspending operation of Order in Revision with directions to the respondent department to assess the goods of appellants on transaction values under section 25(1) or previous valuation ruiling no 986/2016, dated 6-12-2016.
It is worth mentioning that a Valuation Ruling has an age of 90 days only.