KARACHI: A two-member of the Sindh High Court (SHC), headed by Justice Irfan Sadat Khan issued notices to the customs department and deputy attorney general of Pakistan on a special customs reference application filed by ATM Industries Private Limited against imposition of duties and taxes.
On 13 May 2022, during the hearing, a two-member bench, headed by Justice Irfan Sadat khan heard the matter. During the hearing, Yousaf and Fouzia Murad Advocates appeared before the court for applicant.
After their arguments, court observed in its order that “through this SCRA certain questions of law have been raised, let in first instance notice be issued to the respondents for a date to be fixed by the office”.
Earlier, counsel for the applicant argued that applicant is a importer, exporter, manufacture of woven polypropylene bags and food containers and during its business, applicant imported two consignment of polypropylene and filed goods declaration according to law.
He submits that concerned clerk mistyped its classification as 3901.2000 instead of 3902.1000, therefore, without consideration of facts, a show cause notice was issued and customs duties, sales tax, advance income tax were imposed on the applicant and goods redumption fine of Rs. 2,736,293 and Rs. 2, 348,672.
Citing Chairman Federal Board of Revenue, Collector of Customs Port Muhammad Bin Qasim, Collector of Customs Exports as respondents, petitioner pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary.
Applicant also pleaded the court to set aside impugned order and restrain them from taking any adverse action against the petitioner till final order in this case.