KARACHI: The Sindh High Court (SHC) has sought comments from the secretary revenue division, collector and deputy collector of Model Customs Collectorate Appraisement-East on a petition, filed by a shipping agent against imposition of Rs 1 million penalty on account of amendments to Import General Manifest (IGM).
A division bench headed by Justice Sajjad Ali Shah has issued notice to the federal law officer to ensure filing of comments by the official respondents by September 7.
Universal Shipping Private Limited petitioned the high court, submitting that a vessel – CC Shang Shi – Voyage 68 carrying non-containerized cargo including 218 vehicles and 5 other consignments, reached the Karachi Port on July 19. The IGM in respect of the consignments was filed through Web Based One Customs (WeBOC).
Advocate Aisha Munawar Chishti, who represented the petitioner, submitted that on July 22, the consignees approached the petitioner complaining that they could not file general declarations because of a systematic error in the WeBOC. When the petitioner approached the customs authorities, it was assured that the error would be removed at once if an email is sent to them in that respect, she said while adding that several emails were sent but to no avail.
Later, she stated, the petitioner was informed that deputy collector of customs MCC Appraisement-East had decided to issue Change Request Form (CRF) and ordered treating of the request for rectification of the systematic error as an amendment to IGM with direction for imposition of penalty of Rs 5000 to be recovered from the petitioner on each consignment.
Subsequently, the petitioner paid a cumulative amount of Rs 1.09 million as penalty in order to get the consignments released immediately and prevent any loss to the consignees, she added.
Aisha argued that there was no fault on the part of the petitioner yet it was made to pay the penalty. She said the systematic error was treated as an amendment to IGM and the matter was not dealt with proper procedure.
Citing the secretary revenue division and the collector and deputy collector of customs MCC Appraisement-East the petitioner pleaded with the court to declare that there was no fault on the petitioner’s part and no action as to amendment to IGM was warranted. The court was further requested to declare that no penalty can be imposed on the petitioner in absence of show-cause notice, or order-in-original or any other legal proceedings.
It prayed to the court to direct the authorities concerned to fully refund the penalty.
