KARACHI: The Sindh High Court (SHC) has granted an urgent application and fixed February 28, 2017 as the date of hearing of a constitutional petition filed by 49 industries.
The industries include Karachi Tubes Mills (Private) Limited, A.N Industries (Private) Limited, M/S VV Cotton Ginning and Oil Mills, M/S Asad Cotton Ginners, M/S Hingloj Cotton Oil and Food Industries and others, seeking release of pay orders/ bank guarantees deposited with nazir of the court at the time of provisional release of their consignments.
A two-member bench, headed by Chief Justice Sajjad Ali Shah was hearing the petition. It needs to be mentioned here that on the last date of hearing, the court had restrained the respondents and directed them no final order shell be passed till further order of this court.
Earlier, counsel for the petitioners that the petitioners are leading businessmen of the Pakistan and engaged manufacturing of welded steel pipes and paying liabilities regularly, they import raw materials for their self-consumption, which includes alloyed prime hot rolled steel sheets in coils.
Importer said that imported above goods from China on various dates against free trade agreement between Pakistan and China at the 0% duty, however, officials of the customs department transed the goods at the rate of 5% customs duty which was challenged and at the order of the SHC, petitioners filed differential amount through bank guarantees therefore, goods were released by the way of pay orders of 50% duty taxes to custom department and 50% with nazir of the court.
Petitioners further added that some petitioners paid 100% way of pay order or the bank guarantees, however, appellate authority passed order in favor of the petitioners and when petitioners approached the customs authorities for releasing the securities, the customs authority east released only bank guarantees whereas others collector released all kinds of securities such as pay orders, bank guarantees.
Citing Chairman Federal Board of Revenue (FBR), the Chief Collector of Customs Model Customs Collectorate South, the Collector of Customs Model Customs Collectorate East and the Collector of Customs Collectorate Model Customs Collectorate West as respondents, petitioners pleaded the court may direct the respondents to issue certificates to the petitioners for release of pay orders/ bank guarantees, deposited with the nazir at the time of provisional release of the subject consignments.
