KARACHI: The Sindh High Court (SHC) has directed tax authorities to file their respective comments on a constitution petition filed by M/s Safayer Management Co, seeking release of its consignment of “mixture of fatty acid” which was confiscated by Customs Appraisement-West.
A two-member bench, comprising Justice Munib Akhter and Justice Anwar Hussain, was hearing the petition.
During the hearing, Javad Hussain undertook to file power of attorney on behalf of the collectorate and copy of the petition has been supplied to the learned department representative who requested for some time. Learned counsel for the petitioner stated that consignment has already arrived; therefore, the court sought comments from the respondents and fixed the hearing for August 23, 2016.
Earlier, petitioner’s counsel stated that his client has entered into a contract with M/s Salbia Oils and Fat, Malaysia for supply of “111 tones of mixture of fatty acid at a declared invoice value of $23, 310 dated May 12, 2016. The goods carried the chemical composition analysis certificate issued by the manufacturer dated May 12, 2016 which confirmed that the goods are of “mixture of fatty acid”.
According to the petitioner, however, officials of the customs has in the light of the test report has assessed the goods under Heading 1518.00000 without any reasons despite the fact that the supplier or the goods vide his certificate of analysis has confined that the goods are of mixture of fatty acid.
Citing Revenue Division secretary and Customs Appraisement-West collector as respondents, the petitioner pleaded the SHC may direct the respondent to immediately release the imported consignment. The court may declare that the goods mixture of fatty acid is classifiable under PCT Heading 3823.1990 as declared by the petitioner and goods are liable to be released out, the petitioner also pleaded.
