KARACHI: Sindh High Court directed Customs authorities to release a consignment of engine parts for vehicles, on condition that petitioner will secure the fine and penalty through post-dated cheques. Justice Munib Akhter was hearing an application filed by M/s Chief Auto Center (Pvt) Ltd.
During the hearing, the counsel of the petitioner made grievance that order of the last hearing has not been complied yet. However, the counsel for the Customs authorities stated that though the petitioner has deposited the duty and taxes along with differential, but has not secured fine and penalty as provided in the show cause notice.
“In case the petitioner secures the fine and penalty through postdated cheques, the respondents would release the subject consignment,” the court directed.
Earlier, the counsel of the petitioner stated that petitioner is an importer/trader of automotive/ engine replacement parts of vehicles, including earth moving and other machinery etc. The petitioner imported Japanese origin 10.466 metric tons of lines and piston ring sets for diesel engines of assorted brands/models classifiable under H S Code 8409.999 and use able in excavators, bulldozer, fork-lifters etc, and declared the same vide GD no KAPW-HC-62483 on 8th October2015.
According to the petitioner, the consignment was examined by Customs authorities at the value of $5.50, as opposed to the declared value of $ 1.50, upon payment of duty & taxes, after all requirement petitioner sought release of the consignment.
However, it was informed that same was under the respondents’ hold and thus could not be released after that it was communicated that subject goods were engine parts for vehicles of chapter 87 of Pakistan Customs Tariff and thus classifiable H S Code 8409.9910( entailing 35% customs duty and hereinafter the higher-duty PCT heading). The Importer said that it is clearly established that subject goods are usable in earth moving and other machinery. The court was requested to direct the respondents to release consignment.
