KARACHI: The Sindh High Court (SHC) directed customs department not to take any coercive action against the petitioner for the recovery of disputed amount on a petition filed by M/s Pak Telecom Mobile Limited seeking restraining order taking any coercive action against it inter-alia blocking of NTN/ User ID in WeBOC/One customs and or attachment of bank accounts over four different recovery notices of duty and taxes.
While hearing the petition, on March 05, 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi also issued pre-admission notices to customs department and deputy attorney general for March 19, 2019 and directed them to file comments with advance copy till next date of hearing.
During the hearing, counsel for the petitioner stated in his petition that petitioner is aggrieved and seriously prejudiced by the actions of the collector of Customs Appraisement West being a government functionary and working under the chairman Federal Board of Revenue, who illegally issued four recovery notices and threatened to initiate recovery under Section 202 of the Customs Act, 1969 dated 20/02/2019 directing petitioner to pay the adjudged amount of duty and taxes Rs. 22,812,193. Rs. 29593.792. Rs34,770 468 and Rs44,929 along with penalties imposed Rs700,000, Rs 900,000, Rs 1,00,000 and Rs2,000 respectively.
He further argued that respectively on account of four orders-in-originals dated 13/02/2019 against which appeals under section 194A of the customs act, 1969 were filed on 23/02/2019 which are still pending before Customs Appellate Tribunal, however, petitioner has apprehension that the coercive measures shall be taken against the petitioner inter-alia attaching of bank accounts, blocking of user ID/ NTN in WeBOC/one customs.
Citing chairman Federal Board of Revenue, Collector of Customs, Collectorate West and others as respondents, petitioner pleaded the court may suspend the demand notices for payment of customs duty and taxes and penalty and declare that no enforcement of demand of customs duty and taxes on the strength of impugned orders-in-originals could be made or enforced by the officers of the respondents prior to the final adjudication by customs appellate tribunal.
He also pleaded the court may restrain them not to take any coercive action against the petitioner inter-alia blocking of NTN/User ID in WeBOC/One customs and or attachment of bank accounts and any other adverse actions to be taken against the petitioner.
