KARACHI: A two-member bench of the Sindh High Court (SHC) directed customs officials to make sure filing their respective para wise comments on a constitutional petition filed by M/s Al-Karam Private Limited against a show-cause notice issued by collector of customs adjudication-II for regulatory duty of the consignments of acrylic pigments and acrylic thickener imported by the petitioner amounting to Rs1,065,527.
On 3 May 2021, during the hearing, counsel for the petitioner stated that appellant is a leading industrial establishment manufacturer-cum-exporter of textiles therefore is an export oriented unit in terms of notification being SRO 327(1)/2008 issued by FBR being the export-oriented unit and small and medium enterprises rules, 2008.
He further submitted that for the purpose of use in the export of textiles, the petitioner imported five consignments of pigment and acrylic thickener and after submission of goods declarations, the petitioner applied for the warehousing of the said consignments in the private bonded warehouse bearing license no PWL-01/2016 belonging to the appellant read with SRO 327 (I)/ 2008 being the export oriented units and small and medium enterprises rules, 2008 and the same were permitted to be placed in the warehouse on furnishing of the indemnity bonds representing the amount of customs duty and taxes chargeable thereon.
He further said that however, a show cause notice was issued to the petitioner by collector of customs adjudication-II under section 32 of the customs act, 1969 on the basis of the clarification dated August 06, 2019 read with clarification Jan 28, 2019 of FBR calling upon the appellant to pay regulatory duty of the consignments of acrylic pigments and acrylic thickener imported by the petitioner amounting to Rs1,065,527.
Citing Chairman FBR, collector of Customs Appraisement East, assistant collector of Customs Appraisement and Facilitation East and others as respondents, petitioner pleaded the court to prohibits the respondents from taking any adverse action and or any coercive measure and or initiate recovery proceedings in term of the impugned notice.
