KARACHI: A two-member bench of the Sindh High Court (SHC) issued notices to the customs department and deputy attorney general of Pakistan on a constitutional petition filed by M/s Zain Brothers seeking exemption in terms of SRO 492(1)/2009 for the purpose of manufacturing and re-exporting.
On 13 August 2021, during the hearing, counsel for the petitioner argued that petitioner’s company temporality imported consignment of interlining fabric by availing the exemption in terms of SRO 492(1)/2009 for the purpose of manufacturing and re-exporting. He further informed the court that the benefit of exemption in terms of aforesaid SRO was denied arbitrarily and illegally without providing any lawful basis which is unjust, void and without lawful authority.
He added that the petitioner’s company requested for release of goods in question provisionally, however, the said request of the petitioner’s company was turned down by the respondents, the goods of the petitioner’s company are lying at port since long and under heavy demurrages, detention and port charges, etc due to which the petitioner’s company is suffering huge financial losses.
Citing Collector of Customs Appraisement West and Chairman FBR as respondents, petitioner pleaded the court to declare that the interlining fabric temporarily imported by the petitioner’s company for re-export is entitled for exemption from whole of customs duty and sales tax in terms of SRO 492(i)/2009.
He further pleaded that the court to direct them to release consignment of the above mentioned petitioner who is willing to pay differential amount of leviable duty and taxes in the shape of bank guarantee before the Nazir of this court till the final decision of the case.
He added that the court may direct them to give the delay detention certificate to the petitioner so that the petitioner may not unnecessarily and unlawfully be burdened with demurrage, detention, port and shipping charges.
