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SHC stops Customs from taking action against petitioner in cell phones’ confiscation case

byM.B. Rana
01/11/2016
in Karachi, Latest News
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KARACHI: The Sindh High Court (SHC) has restrained tax authorities from taking any coercive action against the petitioner until the next hearing while the hearing a petition filed by Muhammad Abreez seeking release of mobile phones and its accessories.

A two member bench comprising Justice Munib Akhtar and Justice Saeeduddin Nasir was hearing the petition.

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During the hearing, the court also issued notices to the tax authorities and deputy attorney general of Pakistan and directed them to file their respective comments on the next date of hearing i.e. November 13, 2016.

Earlier, counsel for the petitioner stated that petitioner is engaged in the business of sale and purchase of mobile phones and its accessories. His client purchased mobile phones dated June 26, 2015 from M/s Khan Traders, A.H Mobile and M/s Babar, Rawalpindi, adding that the same goods were loaded in the two buses.

According to the petitioner, however, when buses were reached at Jamshoro Toll Plaza, the staff of the customs stopped them and after checking seized the goods considering them non-duty paid.

He further informed the court that being aggrieved, petitioner approached the Customs Appellate Tribunal and filed an appeal which was allowed and tribunal also directed the custom authorities to release the goods of the petitioner, however respondents are not following order of the tribunal.

Citing Federal Board of Revenue (FBR) chairman and Hyderabad Customs collector as respondents, the petitioner pleaded the court may direct the respondents for compliance order of the tribunal and release the goods of the petitioner.

He also pleaded the SHC may declare that act of the respondents is illegal, arbitrary and of no legal effect and restrain them from taking any coercive action against the petitioner.

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