SHC grants 30 day time to petitioner for filing appeal in air-conditioner’s case

KARACHI: A customs appellate bench of High Court of Sindh (SHC) allowed 30 day time to petitioner Humak Enterprises for filing an appeal before the competent forum while restraining the department from taking any adverse action against petitioner during this period.

The petitioner filing a constitution petition through Ms Dil Khurram Shaheen advocate challenged the demand raised by the customs department. According to the petitioner, it imported 23 consignments of wall type air conditioners and filed the Goods Declaration under PCT Heading 3885.1010 carrying duties at a rate of 20 per cent. The goods were assessed and cleared as per GD. However on 18-5-2018 customs served a notice for recovery stating that item in dispute fell within PCT Heading 8514.1020 which carries duty and taxes at a rate of 40 per cent. Seeking difference of money to be deposited soonest, the department warned that in case of failure its ID would be blocked.

A customs appellate bench comprising Justice Aqeel Ahmed Abbasi and Justice Mr Ashraf Jahan however after hearing the sides at length disposing of the petition, ordered the petitioner to move the competent forum within 30 says and to obtain an stay. The department was also adked to not to take any adverse action against the petitioner in the intervening period.

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