Karachi: A constitution petition filed by Avid Nisar International company which imported embriodrey machinery and took benefit of SRO 727 of 2011, was dismissed by a custom appellate court.
The Petitioner challenged the issuance of Show Cause Notice and recovery affected by the customs department.
According to details the importer at the time of clearance submitted post dated cheques and also undertook to file Sales Tax return for the first year after installing the imported machinery in compliance of condition number one of the said SRO.
The customs after reminders got the cheques encashed and issued demand notice/show cause notice for remaining amount of Rupees 400,000 which was paid but later challenged in this petition.
Khalid Rajper Advocate appearing for the department contended that undertaking was given to collectorate concerned and it was well within jurisdiction of same collectorate to initiate recovery proceedings. He also pointed out that once recoverable amount was paid petition is not maintainable.
The bench after hearing Abbas Ali Advocate, counsel for Petitioner company dismissed the petition.