KARACHI: The Sindh High Court (SHC) has directed parties to file their comments on a constitutional petition filed by M/s Super China Autos, seeking 20 percent redemption of fine on its consignment of used auto parts scrap under SRO 499 (1)/2009 dated 13/06/2009.
A two-member bench, headed by Justice Munib Aktar, was hearing the petition. During the hearing, counsel for the customs department filed comments which were taken on record and served to the petitioner, who seeks time for file a rejoinder. Therefore, the court adjourned the matter for September 25, 2017.
Earlier, during the hearing, counsel for the petitioner informed the court that it is engaged in lawful import of autos ports scrap and fulfils all the liabilities according with law, petitioner imported a consignment of use auto parts scrap 18.130 MT front cabin/ haft cut HTV/ LTV/ cars without chassis number from Japan and filed goods declaration according to law.
According to the counsel, said items also falls under SRO 499(1)/2009 dated 13/06/2009 subject to 20 redemption fine on customs value as per para 2 © of the said SRO which has been amended subsequently after arrival of consignment on Pakistan vide SRO 563(1)/2017 dated 01/07/2017.
He further argued that importer filed redemption according to law, however, it was refused by customs officials without considering facts.
Citing Chairman Federal Board of Revenue, Collector of Customs Collectorate Appraisement East, M/s South Aisa Pakistan Terminals Ltd as respondents, petitioner pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary.
Counsel also pleaded the court may direct them to release its consignment according with above mentioned SRO as per law.
