SHC issues pre-admission notice for Oct 05 Petition by Customs & Sales Tax Practitioner’s Association

KARACHI: Pre-admission notices were issued for Oct 05 to Chairman FBR and other respondents in a constitution petition filed by Customs & Sales Tax Practitioners Association by a custom appellate bench of High Court of Sindh on Thursday.

The petitioner association is seeking a declaration against the custom authorities who are allegedly violating order of Supreme Court of Pakistan in a case known as Danish Jahangir v/s Federation of Pakistan (2016-PTD 702) as well as orders by SHC dated 17-9-2020 pertaining to application made under section 81of the Customs Act 1969 for provisional release of imported items. The bench noted that despite orders and petitioners/importers approaching the custom officials in case where section 25 is invoked or Valuation Ruling has been challenged before the Director General, Valuation, Pakistan Customs, custom authorities are not passing appropriate orders as warranted by law and decisions of the apex courts.

The petitioner association maintains that Custom authorities are under obligation to consider the applications for provisional release under section 81 after securing disputed amount of custom duty and taxes in the form of pay order or a bank guarantee but in routine such requests are being declined resulting in problems to importers who are forced to file constitution petitions seeking directions or declaration from high court.

The bench heard preliminary arguments from Aqeel Advocate, Honorary Secretary of the association and ordered pre-admission notices for Oct 05 to respondents including Chairman FBR. The bench also ordered provision of a copy of this order to Deputy Attorney General Ameenullah Siddiqui for onward transmission to Chairman FBR for compliance.

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