KARACHI:-A division bench of High Court of Sindh (SHC) comprising Justice Sajjad Ali Shah and Justice Junaid Ghaffar on Wednesday ordered release of 4 containers of Blast Furnace Coke after payment of differential amount with Nazir in the form of post-dated cheques.
The order came in a petition filed by Tariq Trading Company which imported 301740 Kilograms of Blast Furnace Coke with a size of 30-90 MM in 17 containers.
Citing the Collector Customs, Port Muhammad Bin Qasim, Collector Custom, Adjudication and Chairman FBR as respondents, Sohail Muzaffar advocate, counsel for petitioner submitted before the court that 13 out of 17 containers were released as petitioner has paid custom duty and other admissible taxes. He maintained that 4 containers were intercepted and examined by Collectorate Intelligence Unit (CIU) and Customs alleged that size of the Coke was bigger than declared in the GD and hence a mis-declaration was made by the importer causing a huge loss of duty to the exchequer. A show cause was also issued to the petitioner and matter was sent for adjudication.
The counsel for petitioner today prayed to the court to direct the respondents to shift the consignment to customs warehouse till controversy is resolved. The controversy arised as according to respondents the size of Coke differed and it was found to be Foundry Coke of size 90 MM and above and thus a duty amounting to rupees 1,661,854 was short paid.
The bench however disposed of the petition ordering release of the consignment ordering the petitioner to deposit post-dated cheques equivalent to amount claimed by the customs as short levied with the Nazir of the court.