SHC allows re-export of Confectionery machinery conditionally
KARACHI: Justice Salahuddin Panhwar of High Court of Sindh (SHC) on Wednesday allowing an application by plaintiff Volka Food International allowed re-export of confectionery machinery to its customer in UAE.
Earlier the bench heard Kashif Nazeer advocate for Pakistan Customs, Model Customs Collectorate, Exports who opposed the application vehemently.
The counsel for Customs submitted that the plaintiff filed the Goods Declaration after which consignment was assessed and later re-assessed. He said that now the plaintiff is bound to pay the customs duty, taxes etc as per assessment and in other case, goods are liable to be confiscated. He said that goods can neither be released or allowed to be exported out of Pakistan.
Khawaja Shamsul-Islam advocate, counsel for plaintiff submitted that Customs has allowed identical applications in so many cases or released the goods in thousands of cases but only plaintiff is being singled out.
The counsel however agreed to the proposal by counsel for Customs that the consignment be allowed to be re-exported against payment of custom duty, taxes, fine and redemption fine as and when ordered by the adjudicating authority. He submitted that plaintiff is ready to deposit bank guarantee with the Nazir of SHC.
The bench also ordered that any order, adjudication would be under scrutiny of the court. The bench also ordered that plaintiff shall not be penalized in any manner.