KARACHI:- A division bench of High Court of Sindh (SHC) comprising Justice Sajjad Ali Shah and Justice Muhammad Junaid Ghaffar on Tuesday ordered restoration of User ID of Mumtaz Ghani Textile Mills.
The bench disposing of a constitution petition filed by the Mill’s also directed that if appeal filed by Customs before Supreme Court of Pakistan is dismissed, then the respondent custom officials shall implement the order of the SHC in 30 days.
Earlier, Masooda Siraj advocate appearing for the Pakistan Customs sought time and said that appeal is being heard by the apex court, which has suspended the order in special reference number 77.
Khawaja Shamsul Islam advocate submitted that the respondents have blocked petitioners User ID without assigning any reason and in the absence of any order of restraint from the apex court. At a query by the bench, counsel for Pakistan customs said that she is awaiting instructions.
According to petitioner they exported various consignments during 2009-2010 attracting duty draw back claims under SRO 212(1)/09 dated 5-3-2009 to the tune of rupees 15,273,695. The respondents instead of issuing cheques, issued a show cause to petitioner besides imposing a penalty of rupees 1,500,000 alleging untrue declaration. The petitioner challenged the show cause before the Assistant Collector Exports. The appeal was dismissed against which an appeal was filed before the tribunal. The Customs Appellate Tribunal allowed the appeal holding that show cause lack appropriate basis and not maintainable.
The petitioner prayed to the court to order the respondents to issue cheques of export rebate and not to create hurdle in exports by the petitioner.