KARACHI: The Sindh High Court (SHC) has passed restraining order and directed the respondents not to encash bank guarantee of Rs 30,029,585 on a constitutional petition filed by M/s Telenor Pakistan (Private) Limited.
A two-member bench, comprising Justice Munib Akhter and Justice Anwar Hussain, was hearing the petition.
During the hearing, counsel for the department requested for some time to submit para wise comments. Therefore, the court adjourned the hearing and continued the interim orders made earlier until the next date.
Earlier, petitioner’s counsel stated that his client imported outdoor battery cabinets with air conditioners from China and the petitioner filed goods declaration on March 27, 2015.
According to the petitioner, it paid customs duties and taxes on consignments, which were duly released by the respondents; however the collector of Customs Appraisement-West issued show cause notice on April 17, 2015 to the petitioner. It had filed an appeal before the Customs Appellate Tribunal and challenged it. The tribunal passed the order in favour of the petitioner and the respondents were directed to reassess custom duty on the imported equipment keeping in view attracting custom duty at 20 percent along with taxes.
The counsel said that, however, respondents illegally sent a letter to bank for encashment of bank guarantee on May 27, 2016 of Rs 30,029,585.
Citing Revenue Division secretary, Customs Appraisement-West collector, deputy collector, Customs Intelligence director and others as respondents, the petitioner pleaded the SHC may direct the respondents not to encash bank guarantee.
The petitioner also pleaded the court may direct the respondents to implement the tribunal’s order dated July 18, 2016 and restrain them from taking any coercive action against the petitioner.