KARACHI: The Sindh High Court (SHC) has continued interim order and restrained the tax authorities from auctioning of goods on a constitutional petition filed by Agua Logistics and Steve (Private) Limited against the auctioning of its consignment of “South African steam coal”.
While hearing of the petition, a two-member bench, comprising Justice Munib Akhter and Justice Amwar Hussain, reissued a notice to the deputy traffic manager east and directed him to file para wise comments on the next date of hearing.
The court adjourned the hearing for October 25, 2016 and continued the interim order. On the last date of hearing, the court had directed the tax authorities that “no auction proceedings shall be taken till next date of hearing”.
Earlier, counsel for the petitioner stated in it constitution petition that it imported three consignments containing “South African Steam Coal” of 5000 metric tons each and filed goods declarations dated May 16, 2014.
After all formalities, the petitioner approached the officials of the tax authorities for releasing of its consignments, however, despite releasing its consignments it was informed that petitioner’s consignments have been seized and now customs authorities going to auction it.
Citing FBR chairman, Model Customs Collectrate Appraisement-East collector, deputy collector, Wharf (Auction) and deputy traffic manager as respondents, the petitioner pleaded the SHC may direct the respondents not to auction the goods as the petitioner is in process of lifting the consignments covered bill of lading 05/04, 05/05 dated May 16, 2016.
The importer also pleaded the court may restrain the respondents from taking any coercive action against the petitioner and restrain them from initiating any exercise for the auction of petitioner’s goods.
