KARACHI: The Sindh High Court (SHC) issued notices to customs officials and deputy attorney general on a constitutional petition filed by M/s AIM International seeking exemption of sales tax under SRO 1125(1)/2011 dated 31/12/2011 and release order for consignment of synthetic rubber Suna SE SBR 1502.
On December 26, 2018, a two-member bench, headed by Justice Aqeel Ahmed Abbasi, directed them to file their para wise comments on next date of hearing.
During the hearing, counsel for the importer stated in his petition that petitioner has imported synthetic rubber Suna SE SBR 1502 and filed goods declaration dated 23/11/2017 under Section 79 of the Customs Act, 1969 and claimed the benefits of sales tax under the SRO 1125(1)/2011 dated 31/12/2011.
He submitted that petitioner is seriously aggrieved and highly prejudiced by the actions of the respondents, whereby the respondent is not allowing release of the goods provisionally by securing the differential amount of duty and taxes against the assessment dame in into bond which has been assailed by filing appeal under Section 193 of the Customs Act, 1969.
He further stated that customs officials instead of allowing the release of above goods have denied the exemption of SRO 1125(1)/2011 without any reasons and finalized the assessment of the aforesaid goods declaration in terms of Section 80 of Customs Act, 1969.
Citing chairman Federal Board of Revenue, collector of Customs East, collector of Customs Appeals as respondents, petitioner pleaded the court to declare the act of the respondents for not allowing the release of the impugned goods furnishing security for differential amount of duty and taxes dated 22/06/2018 as unlawful, illegal, mala fide.
The importer also pleaded the court to direct them to immediately release the impugned goods by securing the differential amount of duty and taxes without any delay and loss of time.
