KARACHI:  A divisional bench of High Court of Sindh (SHC) comprising Chief JusticeSajjad Ali Shah and Justice Anwar Hussain disposed of a constitution petition filed by National Silk and Rayon Mills, which imported a 1250 KVA generator.

The counsel for petitioner submitted that they have filed the GD seeking assessment of the Generator at a rate of 3 per cent (customs duty) but the respondents are assessing it at a rate of 15 per cent. The respondents according to the specification given on the Generator that if it runs continuously its output would decrease from 1250 KVA are disputing the self-assessment. The counsel for Pakistan Customs submitted that the petitioner has filed an appeal before the customs appellate tribunal. The counsel for Customs also consented for release if petitioner pays the differential of custom duty and taxes with the department besides depositing post dated cheques for fine and penalty. The bench after hearing the arguments disposing of the petition ordered the tribunal to decide the appeal in 30 days. Both the sides also agreed that post dated cherubs or bank guarantee would not be encashed at least 30 days after the decision by the tribunal, giving both the sides to appeal an adverse order.