KARACHI: A two-member bench of the Sindh High Court (SHC) directed customs officials to file their respective para wise comments on a constitutional petition filed by M/s G & T Global Private Limited against detention of its imported consignment of Horman High Speed Sectional Doors having different dimensions 40 feet against 182, 883. 00 US$, necessary for a high-tech cool chain plant/ cool chain industry.
On 24 May 2021, during the hearing, counsel for the petitioner has imported Horman High Speed Sectional Doors having different dimensions 40 feet against 182, 883. 00 US$, necessary for a high-tech cool chain plant/ cool chain industry under an agreement with a recognized multi-national company M/s Kelvin Controls, UAE and made contract for installation of the said pant in S.I.T.E Karachi.
He further argued that despite clear exemption/ benefit available under law, respondent authorities declined to extend the benefit of subject reduced rate of customs duties and sales tax without any lawful excuse on the pretext that benefit of reduced rate is not admissible as the goods are allegedly locally manufactured and mentioned at S. No 421 & 422 of CGO 02/2017 dated April 19, 2017.
He said that petitioner has request to release the consignment as engineering development board has already issued a certificate in this respect in case of the petitioner itself that subject goods are not locally manufactured and as whole business capital of the petitioner is stuck at port and further irreparable loss is going to be caused in shape of detention charges and demurrages however respondents have taken no heed to the request of the petitioner on one or other pretexts.
Citing Chairman FBR, Ministry of Finance, Collector of Customs East and Deputy Collector of Appraisement East as respondents, petitioner pleaded the court may declare that act of the respondent is illegal, mala fide and arbitrary.
He further pleaded the court to direct them to release petitioner’s consignment immediately and restrain them from taking any adverse action against the petitioner till final order in this petition.