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SHC suspends recovery notice on petition by M/s Fazal Cloths Mills

SHC suspends recovery notice on petition by M/s Fazal Cloths Mills

KARACHI: The Sindh High Court (SHC) has suspended notice to recover Rs2,643, 463 from the petitioner issued by customs officials on a sales tax return petition filed by Fazal Cloths Mills Private Limited.

While the hearing of matter on August 15, 2018, a two-member bench, headed by Justice Aqeel Ahmed Abbasi, also directing them to file their respective para wise comments on next date of hearing.

During the hearing, counsel for the petitioner submitted that it imported a consignment of raw and ginned cotton and filed Goods Declaration according to law, however, customs officials issued notice to the petitioner and alleged that petitioner claimed the benefits of SRO 1125(1)/2011 on the consignment and paid sales tax @ 2% and income tax @ 1%.

Counsel argued that customs officials also alleged that it was not entitled do the benefit of SRO 1125 (1)2011 in the light of the amending SRO 1561(1)2013. He also submitted that customs officials also claimed that applicant evaded the duty and taxes in the tune of Rs2,643,463. He argued that applicant moved application before the appellant tribunal for alleged recovery notice, however, appellant tribunal dismissed its application.

Citing Customs Appellant Tribunal, Additional Collector of Customs Adjudication, Collector of Customs Adjudication, Collector of Customs Adjudication-II, Collector of Customs Appraisement East, Deputy Director Group-IV Customs Collectorate East as respondents, he pleaded the court to set aside impugned order of the appellant tribunal and suspended impugned recovery notice issued by customs officials.