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SHC dismisses reference application filed by Appraisement East against M/s Qamar & Company

SHC dismisses reference application filed by Appraisement East against M/s Qamar & Company

KARACHI: A two-member bench, comprising Justice Shafi Muhammad Siddiqui and Justice Agha Faisal dismissed reference application filed by Collector of Customs through Additional Collector of Customs Appraisement East against M/s Qamar & Company.

On 21 September 2021, during the hearing, Muhammad Rashid Advocate appeared on behalf of the petitioner and undertakes to file his vakalanama and seeks adjournment.

After the hearing, court passed an order and mentioned in its order that “this reference is pending since 2016, without any progress, for the first time it was fixed dated May 11, 2018 when a week’s time was granted for compliance.

Today yet again there is no progress and request for adjournment is made by learned counsel appearing behalf of applicant, it appears that the applicant has lost interest in the instant reference application which is accordingly dismissed for non-prosecution along with pending application”.

According to the details, respondent namely M/s Qamar & Company which is engaged and lawful import of stationery items, during the course of its business activity, respondent company imported a consignment of assorted stationery items and declared goods declaration accordingly with law, and requested customs officials for release of its imported consignment after approval of goods declaration according with law.

However, customs officials enhanced the value under the garb of valuation ruling 868/ 2016, respondents aggrieved and filed an appeal before the concerned authority.

Counsel for the customs officials states in their reference application that appeal importer’s appeal was allowed and being aggrieved customs officials filed this appeal and pleaded the court may set aside impugned order passed by concerned authority and directed importer to file duty and taxes under valuation ruling no 868/2016.