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SHC issues notices on petition filed by M/s Happy Garments

SHC issues notices on petition filed by M/s Happy Garments

KARACHI: The Sindh High Court (SHC) issued notices to the customs department and deputy attorney general on a petition filed by M/s Happy Garments seeking de-freezing of its bank account seized by FBR alleging that it is a commercial importer and misusing the facility of SRO No 1125/2011 by showing itself as a manufacturer.

On January 5, 2019, a two-member bench also directed them to make sure file their para-wise comments on next date of hearing.

During the hearing, counsel for the petitioner stated in his petition that petitioner is engaged in the business of manufacturing of textile items and imported various consignments of raw material and petitioner filed goods declaration before CIR Regional Tax Office RTO-III for the payment of duties and taxes.

He argued that petitioner was surprised to learn from his clearing agent that the sales tax profile of the petitioner registered as manufacturer has been changed as commercial importer by Regional Tax Office RTO-III without any issuance of show cause notice vide dated 19/12/2018.

He further stated that petitioner was further surprised to receive a call from his banker that the bank account has been frozen upon a letter received from the respondents vide dated 20/11/2018. It is pertinent to mention here that as on 20/11/2018 the jurisdiction of the petitioner was already assigned to CIR Regional Tax Office RTO-III, Karachi but the bank account was frozen by CRTO (Corporate Regional Tax Office) Karachi.

He said that respondents are at daggers drawn against the petitioner and leaving no effort to ridicule the prestige and goodwill developed through long efforts in the trading industry.

Citing Secretary Revenue Division, Chairman Federal Board of Revenue, CIR Regional Tax Office RTO-III, CIR Zone-VI, Corporate Regional Tax Office as respondents, petitioner pleaded the court may restore the status of the petitioner to its original form as manufacturer since the same was done without giving fair trial and failure to follow the due process of law as enshrined in the constitution of Pakistan.

He further pleaded the court may direct them to de-freeze the bank account of the petitioner attached by the respondents without jurisdiction and without any outstanding liability against the petitioner.