KARACHI:M/s Indus Diesel Automobile has approached the Sindh High Court (SHC) and filed a constitutional petition against issuing show cause notice and not to release the consignment of forklifter parts despite paying additional duty and taxes.
On Feb 02, 2021, counsel for the petitioner states that petitioner is a proprietorship concern/ the petitioner have imported a consignment of fork lifter parts and declared the value as US$ 24911, according to the prevailing law and routine practice of WeBOC assessment system the goods declaration dated Oct 05, 2020 was filed in terms of section 79(I) of the customs act, 1969.
Counsel further informs that the consignment was physically examined and as per show cause notice were found as automotive clutch kit for assorted vehicles classifiable under PCT heading 8483.6092, the show cause notice was issued which was replied and the learned collector adjudication passed the order in original and in compliance of the order in original the petitioner paid the additional customs duty and taxes, fine as well as penalty.
He submits that after payment of entire customs duty, fine and penalty the importer and his representative regularly visiting the concerned customs authorities but till to date neither the consignment of the petitioner is released nor any reason for not releasing the consignment was given by them and as per terminal operator there in hold by the customs.
Citing Chairman FBR, The Collector of Customs MCC East and The Deputy Collector of Customs MCC East Group-VI as respondents, petitioner pleaded the court may declare detention of the petitioner’s duty paid consignment is unlawful and illegal when all the assessment duty and taxes including penalty and fine have been paid the gate out message in terms of section 83 of the act has been generated/ issued.
