KARACHI: A division bench of High Court of Sindh (SHC) comprising Justice Munib Akhtar and Justice Yousuf Ali Sayeed on Tuesday allowed provisional release of a consignment of welding electrodes while hearing a Special Customs Reference Application (SCRA 335 of 2015) against an order of the Special Customs Appellate Tribunal dated 14-4-2015.
New Light House filed the SCRA against Additional Collector Customs. MCC (PaCCS) and Collector of Custom (Appeals). The petitioner challenges the notice of recovery of rupees 7,311,923 as short payment of custom duty and other taxes.
The petitioner raises a law point that when once goods are sold, incidence of additional duty and taxes cannot be on passed to the end users and hence recovery of the same from the importer/seller/petitioner at belated stage is grave injustice.
The bench after hearing the counsel for petitioner as well as respondent Custom authorities represented by Masooda Siraj advocate while allowing provisional release of the consignment against the payment of differential amount of the custom duty deferred further proceedings indefinitely.