KARACHI: The Sindh High Court (SHC) directed customs officials to comply the court order and matter should be referred to classification committee at the cost of petitioner before the next date and compliance be furnished on the next date of hearing on a constitutional petition filed by M/s Zaman Textile Mills Private Limited
On May 13, 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter.
During the hearing, Imran Iqbal Khan, advocate for petitioner, Muhammad Bilal Bhutti, advocate for respondents and Lubna Pervaz, deputy attorney general appeared before the court. Counsel for the petitioner submitted that the order of this court has been partly complied with by the respondents, as the petitioner has been allowed provisional release, however, respondents have not referred the matter to the classification committee despite of court order.
After the hearing court passed order that ‘’let the matter be referred to classification committee at the cost of petitioner before the next date of hearing”.
Earlier, counsel for the petitioner stated that petitioner imported refurbished heat recovery steam boiler against total consideration of $483,750 and filed goods declaration according with law. Goods were examined, however, benefit of Fifth Schedule to the Customs Act, 1969 and Sixth Schedule to the Sales Tax Act, 199 has been denied on pretext that the impugned goods are not a component of co-generation plant hence do not qualify under the classification of co-generation sets within HS Code 8479.8990 and as per their version the impugned goods are classified under heading HS Code 8402.1130.
Citing chairman Federal Board of Revenue, Collector of Customs Appraisement East as respondents, petitioner pleaded the court to declare that act of the respondents as illegal, malafide and arbitrary.
Counsel further pleaded the court to direct the respondents to allow post inspection of the impugned goods in line with the parameters laid down under the Import Policy Order 2016.
