KARACHI: M/s Shamim Agencies Private Limited approached the Sindh High Court (SHC) seeking release order of cold rolled-TMBP steel sheet’s consignment detained by customs department due to mis- declaration.
On July 27, 2019, counsel for the petitioner stated in his constitutional petition that petitioner is seriously aggrieved and prejudiced by the unlawful, illegal and arbitrary actions of the customs officials, its officers who have seized/ detained the consignment of the petitioner in highly arbitrary, unlawful and patently mala fide manner and without any lawful jurisdiction.
He further submitted that as per examination report the good are found “electronic tin plate of secondary quality” as against declared description cold rolled/ TMBP of secondary quality, the found good are correctly classifiable under PCT Heading 7210.1210 CD@ 20% antidumping duty which fall under PCT Heading 7209.1610 and hence attracts further customs duties such as anti-dumping duty @12.27% and assessable on highly value of US$ 765 M/T as against declared PCT Heading 7209.1610 attracting CD@ 20% where anti-dumping duty is not chargeable. The importer mis-declared the description/ classification to avoid anti-dumping duty and correct assessable value”.
He argued that customs official issued show cause notice illegally, mala fide and arbitrary.
Citing chairman Federal Board of Revenue, Appraisement East, additional collector of Customs Adjudication-II and others as respondent, petitioner pleaded the court to declare that the seizure/ detention of the consignment of the consignment imported by the petitioner is mala fide, illegal and without lawful jurisdiction.
He further pleaded that court may direct them to release his consignment immediately and restrain them from taking any coercive action against the petitioner.
