KARACHI: The Sindh High Court (SHC) directed customs officials to file their comments and compliance report on next date of hearing on petition filed by M/s Menofa Tyre Distributor seeking release of its consignment of tyres for dumpers, construction & mining machinery etc.
On February 12, 2019, while the hearing of petition, a two-member bench, headed by Justice Aqeel Ahmed Abbasi directed customs officials to release of consignment, subject to securing the disputed amount in the shape of pay order/bank guarantee.
During the hearing, counsel for the petitioner stated his grievance against imposition of regulatory duty on the imported consignment. According to the learned counsel for the petitioner, petitioner has imported tyres from China to be used in mining or industrial and construction machinery, dumpers, wheel loaders, concrete mixers etc by declaring PCT heading 4011.8000, whereas, respondents have treated the same to fall under PCT Heading 4011.2091 and consequently have imposed regulatory duty at the rate of 35% illegally.
Citing chairman Federal Board of Revenue (FBR), collector of Customs, Appraisement East, West and others as respondents, importer pleaded the court to direct them to release the present and future consignments of the petitioner under claimed PCT heading till the classification dispute is referred to decide by the Pakistan Tyre Importers & Dealers Association or the classification committee in terms of chapter 2 of CGO 12 of 2002 dated 15/06/2002.
