KARACHI: The Sindh High Court (SHC) has directed the petitioner to file a rejoinder on the next date of hearing on a constitutional petition filed by Nauman Traders against the impugn demand notice of Rs 4,109, 573 issued by tax authorities.
A two-member bench comprising Justice Irfan Sadat Khan and Justice Muhammad Humayun Khan was hearing the petition. During the hearing, counsel for the petitioner requested some time for filing the rejoinder, therefore, the court granted him time and adjourned the hearing for December 8, 2016.
Earlier, counsel for the petitioner stated in its constitution petition that petitioner imported 3 consignments of baby cycle parts from China in which first was comprising of motorcycle decoration parts, lamps of fork spring set, foot rest, value cap and motorcycle small horns etc, second was consisting of bicycle EVA rubber foam tyre & saddle and 3rd was consisting of bicycle rubber and plastic parts rubber grips, plastic paddle. Break lever, reflector chain cover and hub cap.
According to the petitioner, after formalities, petitioner filed goods declaration dated May 31, 2016 and when importer contacted with the staff of the customs authorities for releasing its consignments than importer was informed that an amount of Rs. 4, 109, 573 is recoverable from the petitioner against the previous consignments and stopped the consignments of the petitioner.
Counsel for the petitioner further argued that it has fulfilled all liabilities and had paid all duties and taxes accordingly, therefore, demand of the said amount is illegal and mala fide.
Citing Sectary Revenue Division, Model Customs Collectorate WeBOC, Port Muhammad Bin Qasim, Model Customs Collectorate WeBOC, Collectorate Appraisement West and Model Customs Collectorate WeBOC, Collectorate of Appraisement East as respondents, petitioner pleaded the court may act of the custom department is illegal, mala fide and arbitrary and blocked the presently imported consignments and to forcibly recover the unlawful amount is illegal.
Importer also pleaded the SHC may direct them to immediately release the consignments of the petitioner and restrained them from taking any coercive action against the petitioner.
