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SHC issues notices on petition filed by Classis Zone by Kashan Garments

SHC issues notices on petition filed by Classis Zone by Kashan Garments

KARACHI: The Sindh High Court (SHC) issued notices to the customs department and deputy attorney general of Pakistan on a constitutional petition filed by Classis Zone by Kashan Garments sole proprietor of Waqar Azeem Khokar against enhancement of valuation of its imported two consignments.

On 29 January 2020, counsel for the petitioner stated that petitioner has imported two separate consignments, packed in three containers from China, Cosco Shipping Lines Pakistan and Maersk Pakistan Pvt Ltd are the shipping lines that provided the logistics for the import of these consignments under two separate bills of lading.

He further submitted that subsequent to the arrival of each consignments, petitioner filed two separate goods declarations amounting to Rs1,549,214, however, much to the shock of the petitioner, the officials of customs department determined and computed the payable duties and taxes to a total Rs5,905,607.

He argued that upon inquiry the petitioner found out that the commissioner Inland Revenue had suspect the sales tax registration with effect from March 01, 2019, it was because of this that the petitioner was treated as a non-filer and therefore the customs department had computed other taxes which otherwise the petitioner was exempted from paying, unable to make payment of the duties and taxes determined and computed by respondent, the petitioner was unable to have his consignment release.

Importer says that it is stressed that the petitioner was not afforded any opportunity to be heard before the status of his sales tax registration was suspended, a show cause notice was issued to the petitioner on March 07, 2019 the petitioner filed an extensive reply, however, respondent decided the issue against the petitioner.

Citing secretary finance, the CIR Zone-VII, CRTO, collector of Customs Port Qasim, Qasim International Container Terminal, Cosco Shipping Lines Pakistan Ltd and Maersk Pakistan Ltd as respondents, petitioner pleaded the court may declare that the petitioner is not liable for the payment of the additional charges, including but not limited to the demurrage and that the delay in release of the consignments was beyond the control of the petitioner.