SHC grants time to counsel for Customs to verify letter of Secretary

KARACHI: Justice Arshad Ahmed Khan of High Court of Sindh adjourned hearing in a suit filed by Karachi Corporation till Aug 09 allowing a request by Khalid Rajpar advocate, counsel for Director General Customs Intelligence and Investigations allowing him time to confirm a letter purportedly written by Secretary FBR to Chief Collector Customs, South.

The counsel earlier informed the single judge sitting on original side that only a day back, petitioner withdrew his constitutional petition after the bench raised scathing questions.

Rajpar advocate submitted that consignment falls within the list of  banned items and custom officials assigned the right PCT and duty, other payables are correctly determined. He prayed to court to abate the suit also.

The counsel for plaintiff/petitioner while confirming that he has withdrawn the constitution petition 4734 0f 2017. He relied on a letter written by the Secretary, Tarif I to Chief Collector Customs and said as per letter further scrutiny and technical evaluation is required to determine the correct PCT classification.

After this letter was brought on record, the counsel for Pakistan Customs sought time to verify the letter. The bench allowed the request adjourning further proceedings till Aug 10.

Secretary Revenue, Chairman Federal Board of Revenue, Chief Collector Customs South, Appraisement, Collector Customs, MCC Preventive, Additional Collector, Deputy Collector MCC Preventive, International Tank Terminal, Classification Committee and Industrial Analytical Center, HEJ Institute, University of Karachi are cited as defendants in the suit.

The petitioner maintains that they filed a Goods Declaration on 10-5-2017 against import of Hydrocarbon Solvent Petroleum Distiallate under HS Code 2710.1919 and others at a rate of 390 US $ per metric ton.

The respondent Custom Officials took samples from the consignment and sent them to HEJ Institute of Chemistry for a chemical report. The report dated 11-5-2017 confirmed the declaration but then Pakistan Customs assessed the goods under  PCT 2710.1250 terming the consignment as “Solvent Non-oil Composite”.

The petitioner/plaintiff prayed to the court to direct the respondents to accept the declaration as well as HEJ’s report and thus classifiable under PCT 2710.1919 and further direct the petitioners to release the consignments.

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