KARACHI: The Sindh High Court (SHC) has continued the interim order and directed the tax authorities to file para wise comments on a constitutional petition filed by M/s Hadi Enterprises against impugned demand notices for recovery of Rs 449,990 regarding alleged tax and duty evasion over consignments of old and used Toyota Prius Hybrid car and Daihatsu Mira.
A two-member bench, comprising Justice Munib Ahmed and Justice Anwar Hussain was hearing the constitutional petition. On the last date of hearing, the court had passed the order that “no coercive action shall be taken against the petitioner”.
Earlier, counsel for the petitioner stated that petitioner’s company is engaged in the customs clearing and forwarding business, importers Arsalan Muhammad Aslam and Yahya Khan imported consignments of vehicles, petitioner being a clearing agent filed goods declarations in accordance of law with contents of documents.
According to the petitioner, however, officials of the customs authorities issued demand notices to the said importers as well as the petitioner containing the allegation that due to inadvertence short levied amount on the said vehicles and threatened the petitioner to adopt coercive action by initiating harsh proceedings against the petitioner without providing any lawful basis and without providing any having opportunity.
Citing assistant collector Customs Appraisement West, and chairmen Federal Board of Revenue (FBR) as respondents, petitioner pleaded the SHC may declare that the impugned demand notices issued against the petitioner are illegal, void ab into and contrary the provisions of law.
Petitioner also pleaded the court may restrain the respondents from taking any coercive action against the petitioner.
