N. J. AUTO INDUSTRIES (PVT.) LTD. VS COLLECTOR OF CUSTOMS, APPRAISEMENT CUSTOMS HOUSE, KARACHI, 2007 PTD-KARACHI-HIGH-COURT-SINDH 2432 (2007)

Customs Act (IV of 1969)---

----S. 25---Constitution of Pakistan (1973), Art.199---Constitutional petition---Determination of customs vales of goods---Petitioner in his constitutional petition had assailed the assailed the action of authorities whereby consignment of the petitioner was assesse against declared value---Petition was disposed of with the consent of parties to the effect that upon payment of customs duties, sales tax etc., imported consignment at the declared value and furnishing of bank guarantees/post-dated cheques with the authorities far the differential amount as per the value of the consignment assessed by them, the disputed consignment of the petitioner, would be released by the respondent; and that the concerned officer of customs would afford proper opportunity of hearing to the petitioner before determining the final valuation of the goods involved in the imported consignment of the petitioner and that the passing of final order; it would be open to the aggrieved party to follow further remedy under the Customs Act, 1969 in accordance with law.

Hafeez Saeed Akhtar for Petitioner.

Raja Muhammad Iqbal for Respondents.

ORDER

This constitutional petition has been preferred by Messrs N.J. Auto Industries Private Limited to assail the action of respondents, whereby the consignment of the petitioner is intended to be assessed at US 13 per piece as against the declared value of US 75 per piece.

The submission of the learned counsel for the petitioner is that the course followed by respondents Nos. 1 and 2 to assessing the value of the goods of the petitioner is not warranted by law i.e. section 25 of the Customs Act, 1969, and further no opportunity of hearing was afforded to the petitioner to rebut the claim of the respondent Nos. 1 and 2 as regards correct valuation of the importedconsignment.

After hearing learned counsel for the parties at some length with their consent. We dispose of this petition in the following terms:--

(a) Upon payment of Customs duties Sales Tax etc., on the imported consignment at the declared value of US 3.75 per piece and furnishing of back guarantee/post-dated cheques with the respondent No. 1 for the differential amount as per alia value pf the consignment assessed by them, the disputed consignment of the petitioner will be released by the respondents within one week from the date of this order.

(b) The concerned respondents/officer of Customs will afford proper opportunity of hearing to the petitioner before determining the final valuation of the goods involved in the imported consignment of the petitioner.

(c) After passing of final order, it will open for the aggrieved party to follow further remedy under the Customs Act, 1969; in accordance with law.

H.B.T./N-40/KOrder accordingly.