KARACHI: A two-member bench of the Sindh High Court (SHC), headed by Justice Irfan Sadat Khan directed parties to file their respective para wise comments and counsel for the petitioner remove office objection on a special customs reference application filed by M/s Haider & Sons, a clearing agent against issuing a show cause notice.
On 11 May 2022, during the hearing, counsel for the applicant appeared before the court and argued that applicant is a clearing agent and always fulfilled legal formalities and had not been ever involved in any illegal activities.
He informed the court that during course of business, applicant’s client namely M/s Oasis Traders imported a consignment of LCL and as being client applicant filed goods declaration according to law, however, during the examination, intelligence & investigation-FBR’s high officials found illegality and claimed that importer founded mis-declaring their actual weight capacity.
He added that on that ground, a show-cause notice was issued to the applicant, he further argued that the similar and identical situation, Indian Appellant Tribunal said that penalty not justified on cargo agents, therefore, agent is not liable to be penalized for evasion of duty and taxes by the importer.
Citing Chairman Federal Board of Revenue, Collector Adjudication-I, Director Enforcement Intelligence & Investigation, Collector of Customs Appraisement West, as respondents, applicant pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary.
Counsel further pleaded the court to restrain them from taking any adverse action against the applicant till final order in this petition. After the hearing, court directed parties to submit para wise comments for next date of hearing.
