KARACHI: The Sindh High Court (SHC) has restrained the tax authorities from taking any adverse action against the petitioner and directed the petitioner to file a rejoinder on a constitutional petition filed by M/s International Power Services. The company sought release order for its generators, engines and alternators seized by Customs Intelligence department. A two-member bench, headed by Justice Munib Akhter and Justice Anwar Hussain, was hearing the constitutional petition.
During the hearing, Appraising Officer Rana Ensaram Rabbani, appeared from the department side and submitted para wise comments. The court directed that a copy of para wise comments along with complete set of reply may be supplied to the counsel for the petitioner, who may take instructions, to file a rejoinder. The court adjourned the hearing for September 21, 2016. The court also continued interim order made earlier till the next date.
On last date of hearing, court passed restraining order and directed the respondents not to take any coercive measures against the petitioner.
Earlier, petitioner’s counsel stated that petitioner is running its business of sale purchase of used generators and accessories, repair, maintenance of the generators in the name and style of International Power Services. Petitioner purchased the used generators from the local markets/ businesses/ industries and after repair and refurnishing the same in its workshop rent out/ sold out the same in local markets.
According to the petitioner, on August 15, 2016 officials of tax authorities entered in the workshop of the petitioner and misbehaved with the staff of petitioner and required from the petitioner regarding the documents of the generators/ engines/ alternators. Petitioner produced all the relevant documents and explained in details that all the above mentioned articles are old/ used, however, respondents refused to accept the plea of the petitioner and alleged that the all articles were smuggled and brought into country without payment duty and taxes, and seized the above mentioned articles illegally, unlawfully.
Citing chairman Federal Board of Revenue (FBR) director Customs Intelligence and Investigations, Superintendent Muhammad Aslam and others as respondents, petitioner pleaded the SHC may declare that act of the respondents mala-fide, unjustified and illegal, court may direct the respondents to immediately release the same articles and restrain them from taking any coercive action against the petitioner.
