KARACHI: A division bench of High Court of Sindh (SHC) comprising Justice Adnan Iqbal Chaudhry and Justice Muhammad Jaffer Raza on Monday allowed a petition filed by Hoora Pharma (Pvt) Limited seeking provisional release of its consignments of sutures.
Dr Farogh Naseem and M. Shahrukh Farogh Naseem represented the petitioner company which claimed exemption from sales tax on import under Table–I of the Sixth Schedule to the Sales Tax Act 1990.
Pakistan Customs has denied the exemption while assessing the goods under section 80 of the Customs Act 1969 against which appeal is pending before the Collector of Appeals under section 193 of the Customs Act.
Dr Farogh Naseem pleaded that goods may be released provisionally as the Petitioner is willing to secure the sales tax with the Court. Agha Shahid Masood Advocate, counsel for the Additional Collector of Customs JIAP opposed the plea on ground that imported goods do not qualify for exemption.
The bench after hearing the sides said that question of exemption claimed by the Petitioner is subject matter of statutory appeal and therefore bench is inclined to accept the Petitioner’s prayer for provisional release of goods.
The bench allowed the petitioner directing the Petitioner to secure the disputed amount of sales tax with the Nazir of SHC by way of pay orders/bank guarantees while custom authorities were directed to release goods forthwith when a certificate is presented to them regarding securing of disputed amount of sales tax. Such security will be subject to further orders of the court, the bench said disposing of the petition.