KARACHI: Sindh High Court (SHC), Customs Appellate Bench directed South Asia Pacific Terminal (SAPT) to release consignments imported by M/s Ali Container (Pvt) Ltd against securing of disputed amount of duty and taxes.
During hearing of the case,Abdul Moiz Jeffery Advocate, counsel for petitioner submitted that custom appellate tribunal has suspended Valuation Ruling 1681 of 2022 along with Order in Revision but still the assessment of goods of the petitioner is made on the basis of Valuation Ruling on the pretext that some Reference Application is pending where in judgment by the Custom Appellate Tribunal has been suspended.
When the petition came up for hearing, Sardar Zafar Hussain Advocate appeared for the respondent nd sought time to file his vakalatnama.
The bench confronted the Counsel for the department with the stand taken by the counsel for petitioner, the counsel relied upon some recent judgments and argued that in view of these judgments no interim relief is admissible.
The SHC bench after hearing the contesting parties held that “mere suspension of tribunal’s judgment does not amount to setting aside the same”. The bench treating the present cases as exceptional held that Petitioners consignments ought to be released by securing differential amount of duties and taxes before the Nazir of the court.
