KARACHI: An appellate bench of High Court of Sindh hearing custom cases gave final warning to the department asking it to justify that why benefit of section 81 of Customs Act 1969 was being denied to the importers.

The bench earlier heard counsel for Franklin Law Associates representing petitioner company “Khas Trading” which imported hardware items and sought benefit of provisional release under section 81 but the same was denied by the department on the basis of a circular issued by the Chief Collector Customs.

The counsel for petitioner relied upon Danish Jahangiri case and said the issue has been settled and once a GD is filed and Valuation Ruling and assessment made therein are challenged, an importer is entitled to benefit of section 81 of the Customs Act 1969. The consignment be ordered to be released forthwith, the counsel prayed.

The counsel for department sought two day time to reply after which the bench put of proceedings till January 03 with a final warning to the department to resolve the controversy before next date of hearing.