KARACHI: The Sindh High Court (SHC) directed the tax authorities to file their respective para wise comments on a constitutional petition filed by Fast Cable Limited against enhancing the duty form 3 percent to 11 percent i.e Rs 7,83,375/- to Rs 2,872,374 on its consignment of Electrolytic Copper Rod 8mm diameter ASTM B-49 59 MT each.
A two-member bench, comprising Justice Munib Akhter and Justice Anwar Hussain, heard the petition.
During the hearing counsel for the petitioner stated that goods have arrived and are incurring demurrage, counsel for the department’s representative argued that the para wise comments is almost ready, he requested for some time to submit para wise comments. Court directed counsel for the department that advance copy of the para wise comments may be supplied to the counsel for the petitioner.
Court adjourned the hearing for August 26,2016 and interim order made earlier continued till next date of hearing.
Earlier counsel for the petitioner stated that petitioner is normal course of business imported two consignments of electrolytic copper rod 8mm diameter ASTM B-49 50 MT each from UAE, the goods were imported strictly in accordance with law as to weight, description, value and classification. Petitioner filed goods declaration dated July 26, 2016.
According to the petitioner, however, officials of the Customs Collectorate, West issued the computerized assessment sheet to the petitioner whereby they have classified the goods as copper rod and have assessed them under PCT heading 7408.1100 and enhanced the duty from 3% to 11% i.e Rs. 783375/- to Rs2872374/-.
Citing secretary Revenue Division, Customs Collectorate, West as respondents, petitioner pleaded the Court may declare that the imported goods i.e electrolytic copper rod 8mm diameter ASTM B-49 50 falls under PCT heading 7407-1020 and not under PCT heading 7408-1100.
Petitioner also pleaded that SHC may also direct the respondents to issue delay detention certificate/ waiver of demurrage charges / detention charges to the petitioner.
