KARACHI: A constitutional bench of High Court of Sindh (SHC) comprising Justice Adnan-ul-Karim Memon and Justice Adnan Iqbal Chaudhry hearing a constitutional petition filed by Med Art Pakistan allowed provisional release of goods pending an appeal before Collector of Appeals against an Assessment Order.
Amjad Hayat advocate appeared for the petitioner and submitted that an appeal has been preferred by the petitioner company against the Assessment Order in respect of GD No KPAF-HC-81139-29-06-20226. He prayed for an order that un-disputed quantum of duty and taxes may be deposited before the Collectorate / department while disputed amount be secured before the Nazir of SHC in the shape of Pay Order/Bank Guarantee.
Sardar Zafar Hussain Advocate representing respondent customs department opposed the plea.
The bench after hearing the sides said that it is inclined to allow the petition as the consignment is incurring the risk of diminution and storage charges at the Port and there is no issue as to the importability of the subject consignment.
The bench further ordered that fate of amount secured before the Nazir of SHC will subject to the outcome of the Appeal pending before the Collector of Appeals, Karachi.