SHC orders release of Toyota Aqua in seven days
KARACHI: The Pakistan Customs (Appraisement) East was directed by a custom appellate bench of High Court of Sindh to release a used Toyota Aqua vehicle within seven days allowing benefit of SRO 52(1)/2019 to the petitioner/importer.
Zia-ul-Hasan Advocate appearing for the petitioner submitted that Asif Hashmi, a resident of Lahore imported a Toyota Aqua car under Transfer of Residence Scheme completing all codal formalities seeking benefit under SRO 52(1) of 2019 but custom authorities are not releasing the same on pretext that remittance was received prior to the said SRO.
The counsel for petitioner maintained that no such restriction is imposed in the said SRO. Zia-ul-Hasan advocate also relied on a letter by MCC, Appraisement, East dated 28-4-2019 which letter clarifies the controversy involved also. The only requirement with regard to the remittance is that it should be sent by the Pakistani National abroad from his own account and in my case the remittance has been admittedly received from the petitioner/overseas Pakistani, contended the counsel.
The bench after hearing the sides noted that counsel for respondents do not controvert the arguments nor could dispute the clarification issued by Collector Customs. The bench held that it sees no reason or justification and then directed the respondents to release the vehicle within seven days. The respondents were also asked to consider the request by the petitioner for issuance of delay detention certificate.