KARACHI: The Sindh High Court (SHC) has directed the tax authorities to release the “used and old mixer truck” model 2004 on subject to the payment of entire differential amount by the petitioner in the shape of pay-order. The court issued the directives on a constitutional petition filed by CM Builders seeking release of a mixer truck seized by tax authorities allegedly imported against the import policy order 2016.
A two-member bench, comprising Justice Munib Akhtar and Justice Saeeduddin Nasir, was hearing the constitution petition.
During the hearing, court directed the petitioner that in case interim order has not been complied than petitioner may file urgent application, court continued the interim order and adjourned the hearing for November 24, 2016
On last date of hearing court had directed the tax authorities to release the consignment of petitioner on subject to payment of entire differential amount by the petitioner in the shape of pay-order.
Earlier, counsel for the petitioner stated that petitioner in routine business imported a consignment of 01 unit of used mixer truck model year 2004 of transaction value of US$ 10, 000 from China and filed good declaration dated June 23, 2016, however, officials of the custom authorities stopped the same and alleged that the vehicle has been imported in violation of para 9 (ii) (5) of the import policy order 2016, the same being in old condition and older than five year is not importable in terms of import policy order 2016 in vogue as mended by SRO 345 (1)/2016 dated 18/04/2016.
Citing Sectary Revenue Division, Chairman Federal Board of Revenue, The Collector of Custom Model Custom Collectorate Appraisement West, The Additional Collector of Custom Model Custom Collectorate Appraisement West as respondents, petitioner pleaded the court may direct the respondents release the consignment of the petitioner.
Petitioner also pleaded the SHC may direct that act of the respondents is illegal, mala fide and of no legal effect.
