SHC issues notice to Collector Port Qasim, AG Sindh for April 18
KARACHI: Justice Muhammad Shafi Siddiqui on Tuesday ordered issuance of notices to the Advocate general Sindh and Collector Customs, Model Customs Collectorate, Port Muhammad Bin Qasim for April 18.
The bench was hearing a suit filed by Messers AGVEN against defendants including Pakistan Standard and Quality Control Authority (PS&QCA) and Secretary Ministry of Science and Technology.
The plaintiff maintained that they are importers of agricultural products mainly fertilizers from different countries.
It was stated that PS&QCA under its Act of 1996 is empowered to inspect and test the quality of items imported for their quality control and for this exercise, they have levied a mandatory charge on import of fertilizer at a rate of 0.1 per cent of total invoice. The defendant PS&QCA issued a SRO 75 (KE) 2015 and levied more tax.
The defendant PS&QCA on 21-9-2015 wrote a letter to the Collector Customs informing them that goods shall not be released without "Assessment Conformity Certificate" which is illegal, maintained the counsel for petitioner. He said that plaintiff was force to pay an additional amount of rupees 1,529,833 on a previous consignment. He questioned the role of the Pakistan Customs in the issue and of defendant no one to prevent release of consignment.
Deputy Attorney General for federal government submitted that in this case, no notice was issued to the provincial government and that notice may be sent to MCC, PMBQ as consignment of Di-Ammonium Phosphate is with them.
The bench hearing the sides agreed to the submissions by the DAG and ordered issuance of notices to Advocate General Sindh as well as Collector of Customs, MCC, PMBQ.