KARACHI: The Sindh High Court (SHC) has sought comments from the tax authorities on a constitutional petition filed by M/s A-One Sewing Machine Co, challenging the valuation of $44.08.00/kg instead of $1.98.00/kg of “orange brand industrial sewing machine”.
A two-member bench, comprising Justice Munib Akhtar and Justice Anwar Hussain, heard the petition and continued interim order and sought comments from the tax authorities.
During the hearing, the counsel for the department Kashif Nazeer advocate filed power of attorney and sought time to submit para wise comments. Therefore, the court adjourned the hearing for October 4, 2016.
On the last date of hearing, the court had restrained the tax authorities from taking any coercive action, including auction of the consignment of the “orange brand industrial sewing machine” of Korean origin imported by the petitioner.
Court mentioned in its order that “till next date of hearing no auction proceedings to be taken against the subject goods”.
Earlier, counsel for the petitioner stated that petitioner is engaged in the business of import of orange brand industrial sewing machine from UAE & Korean Republic, it imported a consignment of industrial sewing machine needle orange brand from UAE Korean origin.
According to the petitioner, it filed good declaration dated 27/06/2016 which was declared as per unit value of US$ 1.98.00/kg, whereas the same was arbitrary, unlawfully enhanced & assessed in a whimsical manner at the unit value of US$ 44.08.00/kg by the officials of the collector of customs model custom collectrate appraisement east, therefore petitioner challenged such illegal assessment before the concerned authority, however petitioner was informed that respondents are starting proceedings of auction goods of the petitioner.
Citing Sectary Revenue Division, Collector of Customs Model Customs Collectorate appraisement east and the Collector of Customs (appeals) as respondents, petitioner pleaded the SHC may restrain the respondents from any coercive action including auction of the subject goods of the petitioner till the disposal of the subject case by the collector of customs (appeals).
Petitioner also pleaded the court may declare that holding the consignment of the petitioner is illegal, mala fide, unjust and tainted with ulterior motive and of no legal effect
