KARACHI: Director of Intelligence & Investigation-FBR and Additional Director of Intelligence & Investigation-FBR have submitted their para wise comments and requested the court that petitioner has not come up with clean hands before the court therefore, petition may be dismissed on a petition filed by M/s Samad Enterprises against putting on hold its consignment comprising of 13380 kilogram polyester knitted pile fabric of assorted colors imported from China.
On 16 October 2021, a two-member bench, headed by Justice Shafi Muhammad Siddiqui heard the matter.
During the hearing, Ghuma Hussain Shaikh, advocate for petitioner, Ghulam Murtaza, Ameer Uddin consul for customs officials, Kafeel Ahmed Abbasi Deputy Attorney General appeared before the court.
Counsel for customs officials submitted their comments and informed the court that petitioner has not come up with clean hands before this court and have been found involved in evasion of duty and taxes on imported consignment and allegations which were fixed against customs department are baseless, therefore, court may dismiss the petition.
After the hearing, the court took comments on record and directed counsel for the petitioner to submit his rejoinder for next date of hearing.
Earlier, counsel for the petitioner stated that in normal course of business, petitioner imported a consignment of 13380 kg polyester knitted pile fabric of assorted colors from China and on arrival of goods at Karachi Port for clearance thereof through customs computerized system of Customs Appraisement East on self-clearance basis, the consignment was examined, whereby description, quantity, weight of the goods was found reported as per declaration.
He submitted that lab test report confirmed the declared description and goods declaration was accordingly assessed by the concerned processing section of clearance collectorate on the assessable value under section no 6 of valuation ruling no 1225/ 2017 and after payment of assessed duty and taxes, the goods declaration was out of charges/ assigned to gate out by the staff of customs department.
Counsel argued that after the completion of goods declaration and payment of assessed duty and taxes, the goods declaration was assigned to gate out, and petitioner approached customs department to clearance, however, to the utter dismay of the petitioner, it was informed by the respondents that the consignment was put on hold, after that he approached to customs officials to know the reasons for illegally putting on hold the duty paid consignment and he was informed that the consignment has been put on hold due to alleged mis-declaration.
Citing Chairman FBR, Director Intelligence & Investigation Customs, Collector of Customs Appraisement West, Additional Collector of Customs Group IV, M/s KICT as respondents, petitioner pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary.
He further pleaded the court to direct them to remove hold on the petitioner’s duty paid consignment and release it immediately.