KARACHI: The Sindh High Court (SHC) directed customs officials to release the consignment of shoe polish on a constitutional petition filed by M/s Diamond Impex Corporation against seizing its consignment due to alleged tax evasion.
A two-member bench, headed by Justice Aqeel Ahmed Abbasi, was hearing the matter on August 16, 2016.
During the hearing, counsel for the petitioner stated that it is engaged in the lawful business of import of show polish of Chinese origin and fulfills all the legal formalities according with law.
He submitted that petitioner is seriously aggrieved by the unlawful action of respondents who issued show-cause notice to the petitioner and allegation were fixed that petitioner has violated the provision of Section 32 (1) of (2) 79 (1) of the Customs Act, 1969 along with provisions of the Sales Tax Act, 1990 and Income Tax Ordinance 2011 punishment under clauses (1) and (14) of Section 156 (1) of the act, 1969 read with SRO 499(1)/2009 and seized its consignment.
Citing Chairman Federal Board of Revenue, Secretary Revenue Division, Collector of Customs West, Collector of Customs of East and Port Muhammad Bin Qasim, Director General of Valuation and others as respondents, petitioner pleaded the court to declare that act of the respondents as illegal, mala fide and arbitrary.
Counsel also pleaded the court to direct them to release its consignment immediately and restrain them from taking any coercive action against the petitioner till final order in this case.