KARACHI: The Sindh High Court (SHC) has directed the Customs Department to issue delay detention certification to M/s Mandia Exports (Private) Limited.
The petitioner had challenged the imposition of regularity duty on a number of items, including the PVC Flooring imported from China, falling under HS Code 3918.1000.
While hearing a constitutional petition, a two-member bench headed by Justice Munib Akhtar also issued notices to the Customs Department and deputy attorney general, directing them to file their respective para wise comments on the next date of hearing.
Earlier, counsel for the petitioner stated that he imported PVC Flooring from China and filed a Goods Declaration as per law. The counsel argued that it is being aggrieved and dissatisfied with the unlawful imposition of regularity duty on the goods imported by the petitioner from China.
He further argued that customs department has no power to impose such regularity duty on said items, therefore imposition of regularity duty is illegal, mala fide and arbitrary. He argued that PVC Flooring falling under HS Code 3918.1000 of the Pakistan Customs Tariff being the first schedule of the act, 1969 and imported by the petitioner.
Citing Chairman Federal Board of Revenue, Secretary Revenue Division, Collector of Customs Collectorate of Customs Appraisement West, Collector of Customs Collectorate of Customs Appraisement East as respondents, counsel pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary. He further pleaded the court may restrain them from imposition of regularity duty on said items.
