KARACHI: The Sindh High Court (SHC) directed petitioner to secure disputed amount of petroleum levy in shape of pay order/ bank guarantee before the concerned collectorate, whereas, respondents shall process the four ex-bond goods declarations, subject matter of instant petition, in accordance with law, release petroleum products on a constitutional petition filed by Gas & Oil Pakistan Ltd.
On 5 September 2020 while the hearing of petition, a two-member bench also issued pre-admission notices to the customs department and observed in its order that “respondents shall not seek encashment of pay order/ bank guarantee, till further orders by this court”.
Earlier, Munim Masood advocate, counsel for the petitioner argued that petitioner imported goods being MOGAS 92 Motor spirit of approximately 2000 tons which arrived per vessel MT NORDIC ANNE IGM NO 96, dated May 25, 2020, after completion of customs formalities, thereinafter the petitioner applied for prior release on May 25, 2020 and paid all duties amounting to Rs83,649,845.
He submitted that said payment was accepted and the goods were approved for prior release by the respondents, the entire cargo was bonded to the warehouses namely KT-Terminal tank and Al-Rahim Terminal duly applied for by the petitioner and processed in accordance with law.
He argued that however, the petitioner is aggrieved by the unlawful actions of the respondents, in failing and refusing to process and release the bonded imported goods of the petitioner against the ex-bond goods declarations (pending ex-bonded goods declarations), in order to coerce the petitioner into paying excessive duty petroleum levy by misapplying as well as denying the application of section 30 of the customs act, 1969 to the petitioner despite the fact that the petitioner has already paid all duties including customs duty, petroleum levy etc, applicable on the petitioner as on May 30, 2020 the dated of manifestation of the aforesaid ex-bond goods declarations of the petitioner.
Citing secretary Ministry of Finance, chief collector of Customs Enforcement South, collector of Customs Preventive as respondents, petitioner pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary.
He further pleaded the court may direct them to process the payment of duties including customs duty, petroleum levy etc, and release imported goods under ex-bond GDs and to apply rate of duty as applicable on the date of manifestation under section 30 of the customs act, 1969, on the above true goods declaration filed by the petitioner under section 104 of the customs act, 1969 in accordance with the law.