KARACHI: The Sindh High Court (SHC) directed parties to make sure to file their comments on next date of hearing on a constitutional petition filed by M/s Zain Traders seeking release of its consignment of power tools and spare parts detained by customs department.
A two-member bench, headed by Justice Abdul Rasool Memon, heard the petition on July 20, 2018.
During the hearing, counsel for the parties sought time for submitting comments; therefor, the court granted time and adjourned the matter.
On last date of hearing, counsel for the petitioner stated in its constitutional petition that petitioner is a business individual doing business of import and supply of taxable goods, including power tools and spare parts etc and imported different types of power tools spare parts of chainsaws armature quantity 8112 kilogram covered under SRO 659(1)/2007 dated 30/6/2007.
He submitted that the said consignment was arrived at port on May 16, 2018 and goods declaration was filed by petitioner on May 18, 2018 as per import documents wherein the correct declaration were made and self-assessed leviable duty and taxes etc amounting to Rs1,113,833 was deposited on May 18, 2018.
He argued that for chargeability of 0% customs duty has been rejected discriminately and illegally and the same was re-assessed under different PCT.8503.0090 chargeable to customs duty at 16% which covers parts of machines of PCT Heading 85.01 and 85.02 without referring the matter of classification of power tools/spare parts of chainsaws armature to the classification committee for determination of appropriate classification and issuance of appealable ruling under chapter-II of the CGO 12/2002 dated 15/6/2012 and final assessment order has been passed under section 80 on 13/6/2018 wherein demand of differential amount of duty and taxes Rs766,903 has been made.
Citing Chairman Federal Board of Revenue, Collector of Customs Collectorate East, Deputy Collector Research & Development Customs Collectorate East as respondents, he pleaded the court to declare the act of the respondents as illegal and mala fide.
He also pleaded the court to direct them to release its consignment and restrain them from taking any coercive action against the petitioner till final order in this petition.
