KARACHI: A division bench of the Sindh High Court (SHC) issued notices to customs officials and directed them to file their respective para wise comments on a constitutional petition filed by M/s Junaid Private Limited against demand notice for short recovery amounting to Rs5,36, 703.
On 12 December 2020, during the hearing, counsel for the petitioner stated that petitioner has imported a consignment of standard PC Wire 4mm 50 mt and filed goods declaration dated April 2011 due to value dispute consequently the customs officials allow the goods provisional assessment under section 81 of the customs act, 1969 against secure the differential amount of duties and taxes Rs469,000 in shape of postdated cheque.
He further argued that after expiry of 10 years suddenly respondents issued impugned final demand noticed dated Oct 29, 2020 regarding short recovery to amounting to Rs5,36,703, however, customs authorities neither served show cause notice nor provided an opportunity of hearing, without adjudication proceeding issued the final demand notice to the petitioner, the issuance of final demand notice is an impermissible and unconstitutional is violation of articles 18 and 25 of the constitution.
Citing chairman FBR, Collector of Customs Appraisement West and Assistant Collector of Customs Licensing as respondents, petitioner pleaded the court to direct the respondent vacate/ drop the impugned final demand notice and respondent department is restrained from taking any coercive measures against the petitioner such as withhold consignments, blocking of Weboc ID, STRN and attachment of the bank’s accounts.
Petitioner pleaded the court may grant any other relief to the petitioner not specifically prayed for, as deemed fit and appropriate by this court.
