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SHC seeks comments on petition filed by M/s Aline Engineering Works for restoration of ST registration

SHC seeks comments on petition filed by M/s Aline Engineering Works for restoration of ST registration

KARACHI: The Sindh High Court (SHC) directed customs department to file their para wise comments with advance copy to counsel for petitioner on a petition filed by M/s Aline Engineering Works seeking restoration of sales tax registration and release of consignment of second hand machinery and re-meltable scrap from Sweden and also three containers of second hand cloth and shoes from Italy.

On May 11, 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter.

During the hearing, counsel for the petitioner stated in his petition that petitioner has imported second hand machinery and re-meltable scrap from Sweden and also imported three containers of second hand cloth and shoes from Italy and filed goods declaration.

He further argued that petitioner was shocked when he was informed that Inland Revenue had issued show cause notice dated March 05, 2018 which was not served upon the petitioner with the charges that the petitioner has not submitted their sales returns for the month of March 2017 to Sep 2017.

Counsel submitted that the petitioner immediately gave reply to the officer of Inland Revenue with the request that the petitioner has paid the penalty for filing of sales tax return and requested to restore the sales tax registration but the same was not restored.

He argued that the petitioner rent amounting to Rs 350,000 each container and delay was caused due to suspension of registration of sales tax and due to non-receiving the goods declaration for the customs authority, and according to law the customs authority is bound to issue the delay detention certificate but the customs authority has not issued the delay detention certificate and the petitioner has received heavy loss of demurrage & container rent.

Citing secretary of Finance, Ministry of Port and Shipping, Collector of Customs Appraisement East and others as respondents, petitioner pleaded the court to direct them to restore its sales tax registration immediately and also direct them to release his consignment.