KARACHI: The Sindh High Court (SHC) has directed the tax authorities to release the consignment of “cool rolled hard ” after deposit of postdated cheques for the purpose of security the fine and penalty from the petitioner. The court issued this order on a constitutional petition filed by M/s Fayyaz Can, seeking release order of its consignment.
A two-member bench, comprising justice Munib Akhter and justice Anwar Hussain, heard the petition.
During the hearing, the counsel for the petitioner stated that petitioner is willing to deposit postdated cheques for the purposes of security the fine and penalty that has been imposed ( which is the only point that requires consideration today ) , learned counsel for the department submitted that the case of department is, that the department can only be secured, in this regard, if pay order is deposited for the fine and penalty as well.
After both sides arguments, court observed that ” we have considered that matter, in our view, there will be proper compliance with the oder dated May 24,2016, if half of the amount of fine and penalty is secured by the way of pay order and the remaining half by postdated cheques. The deputy collector is attendance has fully understood our order and assured the court that once the needful is done by the petitioner the order will be complied in letter and spirit “.
Earlier petitioner’s counsel stated that petitioner imported a consignment of 16700000 MT of prime quality ” col rolled hard ” from Europe which shipments have arrived at Karachi Port West dated 18/12/2015 and filed goods declaration dated 22/12/2015, however, officials of the Customs Collectorate West examined containers of the petitioner and has determined that the consignment of the petitioner doesn’t contain ” primary ” goods but rather the same contain ” secondary ” goods. Petitioner said that the entire process by the respondents is illegal, arbitrary and in complete disregard of the law of the land.
Citing secretary Revenue Division, Collector Customs Collectorate, West as respondents, petitioner pleaded the SHC may declare that the goods are ” prime ” nature and direct the respondents to release the consignment immediately and also restrain them from taking any coercive action against the petitioner.
