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SHC seeks comments from tribunal on appeal filed by construction company

SHC seeks comments from tribunal on appeal filed by construction company

KARACHI: The Sindh High Court (SHC) has directed the assistant registrar customs appellate tribunal bench-II Karachi to intimate the latest position of the appeal filed by M/s UCC (Private) Limited seeking release of its consignment of “one unit old and used refurbished truck mounted concrete pump truck with accessories seized by customs authorities claiming the same were not importable.

A two-member bench, headed by Justice Aqeel Ahmed Abbasi, also issued notices to the tax authorities and the deputy attorney general of Pakistan and directing them to file their respective comments on the next date of hearing. The court adjourned the hearing for January 18, 2017.

Earlier, counsel for the petitioner stated that petitioner is basically importer/exporter and wholesaler and engaged in the business of construction of other civilian engineering projects in Pakistan.

The counsel informed the court that petitioner imported the subject consignment of one unit old and used refurbished truck mounted concrete pump truck with all standard accessories from China and filed goods declaration dated 10/05/2016 and during the examination goods were found as per petitioner’s goods declaration.

According to the petitioner, however, despite the release order, officials of the customs authorities issued show cause notice to the petitioner, alleging that the said goods were not importable even by the construction company under the provisions of import policy under as amended vide SRO 345 (1)/2016 dated 18/04/2016.

The counsel further argued that being aggrieved, importer filed an appeal before customs appellate tribunal bench-II Karachi which was heard and finally reserved for order on 31/10/2016 due to purported rush of work the judgment could not be issued and announced in this case by the appellate tribunal till the date despite the fact that the goods were lying under the open skies and open to rigors of the climatic condition for the last 8 months.

Citing Chairman Federal Board of Revenue (FBR), the Collector of Customs Model Customs Collectorate Appraisement West and the Additional Collector of Customs Model Customs Collectorate Appraisement West as respondents, petitioner pleaded the court to direct the respondents to release the consignment of the petitioner on differential amount and direct the appellate tribunal to announce the verdict on its appeal.