KARACHI: The Customs Department has submitted its para-wise comments before the Sindh High Court in response to the petition seeking re-export of a consignment of cosmetics and toiletries worth $6.61 million.
Customs submitted that the petition was not filed by the owner, M/s Multi-Tech, of the goods instead filed by a stranger Aneel zia without authorization, and should be dismissed.
M/s Multi-Tech imported a consignment of cosmetics, toiletries, etc from UAE at declared invoice value of $6.61 million and filed their GD for clearance of goods for home consumption. The GD was processed and handed over to the authorized customs agent of the importer/petitioner for the payment of assessed amount duties and taxes, which is about Rs60 million.
Subsequently, instead of clearing the goods after payment of the duties and taxes, as assessed, nearly after a month the petitioner/importer, approached the authorities for re-export of the goods as per Para-10(g) of the Export Policy Order, 2004 without giving any cogent reason.
It is pertinent to mention here that the Export Policy Order, 2004, is no more in existence and rather the Export Policy Order, 2016 in existence. Further, the CGO 2 / 2005 was issued for the old Export Policy Order, 2004, thus, the same cannot be applied, mutatis motandia on the petitioners’ case.
That the scrutiny of documents and the relevant of provisions of law confirms that the imported goods can only be re-exported after clearance of goods as Export Policy clearly stipulated that re-export of imported goods can only be allowed in the case of goods stored in a bonded warehouse or the goods already cleared for home consumption. Moreover, importer has failed to provide any bona fide reason for re-export.
Customs submitted before the court that the facts and circumstances of the case are giving credence to the fact that it is a case of capital flight under the garb of re-export of the imported goods.
