KARACHI:- Justice Aziz-ur-Rahman of High Court of Sindh on Thursday adjourned hearing of a suit filed by Port Qasim Authority against Federal Board of Revenue and Pakistan Customs after PQA counsel told the court that they have submitted the Goods Declaration (GD) as required. The PQA also requested the court that pending assessment, the authority may be allowed to press the imported Tugs into service.
Earlier a division bench of High Court of Sindh on Sept 30 restrained the PQA from using four tugs imported for handling LNG FSRU.
The bench also ordered the PQA to file the mandatory Goods Declaration (GD) so that defendant Pakistan Customs could assess the Custom duty and other levies.
Today the bench was fixed for hearing before Justice Nadeem who proceeded on leave, the hearing of the suit was then transferred to Justice Aziz-ur-Rahman, Masood Siraj advocate, Counsel for Pakistan Customs after statement by the counsel for PQA submitted that if the GD has been filed then let it be assessed by the relevant officers. She prayed for some time for completion of formalities and assessment. The court allowed the request and adjourned further hearing to a date to be fixed later by the office of the court.
According to details, PQA imported 04 units of ASD LNG compatible Tugs along with standard machinery and accessories in March 2015. Each Tug was valued at US $ 7,500,000 and a total of US $ 30,000,000 or Rupees 3090,000,000.
The imported goods were classifiable under HS Code 8904.0000 attracting standard rates of duty and taxes-CD at the rate of 20 per cent, Sales Tax at the rate of 17 per cent, additional Sales tax at.
On previous hearing counsel for Pakistan Customs and FBR submitted that PQA has failed in filing the GD under section 79 of the Customs Act 1969 on the pretext that matter of tax has been taken up with the FBR and Ministry of Power and Natural Resources.
The defendants alleged that section 14, 18, 26, and 32-A, 79 (b) and 80 of the Customs Act 1969 have been violated.
The court was also informed that PQA might press the Tugs into action. The court was requested to restrain the plaintiff from using the Tugs until it files GD and pay taxes.
The bench allowing the request asked the PQA counsel to file the GD and restrained it from using the Tugs for the time being. This restraining order was extended until next hearing.