KARACHI: The Sindh High Court (SHC) observed that if comments are not filed from customs department on next date of hearing, provisional release of the subject consignment will be ordered after securing financial interest of the department/ national exchequer on a constitutional petition filed by M/s Shamim Agencies Private Limited seeking release order of cold rolled-TMBP steel sheet’s consignment stopped by customs department due to allegedly mis- declaration.
On July 31, 2019, a two-member bench heard the matter, during the hearing, Muhammad Khalil Dogar advocate appeared before the court and filed power on behalf of customs department and seeks time for filing comments.
However, counsel for the petitioner has seriously objected to such request and prays for provisional release of subject goods.
Counsel argued that petitioner is seriously aggrieved and prejudiced by the unlawful, illegal and arbitrary actions of the customs officials, its officers who have seized/ detained the consignment of the petitioner in highly arbitrary, unlawful and patently mala fide manner and without any lawful jurisdiction.
He further submitted that as per examination report the good are found “electronic tin plate of secondary quality” as against declared description cold rolled/ TMBP of secondary quality, the found good are correctly classifiable under PCT Heading 7210.1210 CD@ 20% anti-dumping duty which fall under PCT Heading 7209.1610 and hence attracts further customs duties such as anti-dumping duty @12.27% and access on highly value of $765 M/T as against declared PCT Heading 7209.1610 attracting CD@ 20% where anti-dumping duty is not chargeable. The importer mis-declared the description/ classification to avoid anti-dumping duty and correct access value”.
He argued that customs official issued show cause notice illegally, mala fide and arbitrary.
Citing chairman Federal Board of Revenue, Appraisement East, Additional Collector Adjudication-II and others as respondent, petitioner pleaded the court to declare that the seizure/ detention of the consignment of the consignment imported by the petitioner is mala fide, illegal and without lawful jurisdiction.
He further pleaded that court to direct them to release his consignment immediately and restrain them from taking any coercive action against the petitioner.