Tag Archives: construction vehicles

SHC issue notice in construction vehicles case

KARACHI: A division bench of High Court of Sindh (SHC) on Thursday ordered issuance of notices to the respondent custom officials for Oct 29 in a petition filed by Rawal Industrial Private Limited.

The petitioner imported six unit brand new dump trucks from China. The appraising officer assessed the value as per “criteria” and determined custom value on higher side on basis that trucks are old ones.

Ms Dil Khurram Shaheen advocate appearing for the petitioner company maintained that her clients seek assessment under section 25 of the Customs Act 1969 as no criteria could be applicable.

She also prayed for the rekease of the trucks under section 81 on deposition of bank guarantee.

The bench after hearing initial arguments put custom officials on notice for Oct 29.

SHC restrains authorities from coercive action against Construction Company

KARACHI: An appellate bench of High Court of Sindh (SHC) comprising Justice Munib Akhtar and Justice Agha Faisal on Friday restrained the respondents from takingany coercive action against the petitioner “Sinco Company”.

The petitioner imported two construction vehicles and produced the pre-shipment inspection certificate. The vehicles were detained and later were put to physical examination but a decision was deferred as the authorities sought verification of the pre-shipment inspection.

A counsel for Franklin Law Associates appearing for the petitioner company submitted that the petitioner are being harassed  while the forced recovery is threatened.

The bench hearing the counsel for petitioner restrained the respondent authorities from coercive action while bfixing April 5 as next date of hearing.

SHC decides identical petitions involving construction vehicles

KARACHI: An appellate bench of High Court of Sindh (SHC) yesterday allowed four identical petitions including one filed in 2013 (CP-D 3485 of 2013) filed by importer Haji Ehsanullah seeking release of construction vehicles including dumper truck, prime movers, lorries etc.

According to details the petitioners imported different consignments and in all 43 vehicles were detained at the Karachi port by Custom officials on ground that import of the said vehicles was banned under Import Policy Order 2013.

Ms Dil Khurram Shaheen advocate appearing for the petitioners/imported challenged the detention and prayed to the court that import of these 43 vehicles was legal and hence bound to be released/cleared.

Today the bench announcing the judgment reserved earlier allowed the petitions. The bench comprising Justice Munib Akhtar and Justice Mrs Ashraf Jahan ordered Pakistan Customs to release the vehicles while Nazir of the SHc was also ordered to release security deposited by the petitioners in lieu of custom duty, taxes etc.

SHC reserves judgment in petitions pertaining to construction vehicles

KARACHI: The judgment was reserved in four identical petitions pertaining to confiscation of construction vehicles.

The bench comprising Justice Munib Akhtar and Justice Omar Sial earlier heard Ms Dil Khurram Shaheen advocate, counsel for petitioner Ihsanullah, importer of construction vehicles.

The custom authorities maintains that the vehicles in dispute were imported in violation of Import Policy Order.

The same bench also issued notices to Custom officials for Sept 28 in a petition filed by an importer of tiles.

Appearing for the petitioner Nut Shell Company, Ms Dil Khurram Shaheen advocate submitted that under SRO 480, imports from Sri-Lanka are covered by SAFTA. She maintained that as per SRO, respondents cannot impose Regulatory Duty. The consignment is at port and petitioner is sustaining losses on daily basis, she contended.

The bench after hearing the counsel for petitioner side ordered issuance of notices to the respondent Pakistan Custom clearing collectorate for Sept 28.

SHC to hear construction vehicles case on May 31

KARACHI: An appellate bench of High Court of Sindh (SHC) comprising Justice Munib Akhtar and Justice Arshad Hussain Khan on Wednesday fixed May 31 to hear a constitution petition and five connected Special Customs Reference Applications (SCRAs).

The petition was filed by Rising Sun Construction company while connected SCRA’s were filed by Collector Customs. When the petition and SCRA’s cameup for hearing counsel for petitioner said that her client is suffering from increasing demurrage. She submitted that  tribunal has ruled in favor of the petitioner and custom officials are not implementing the order of the  special customs appellate tribunal.

She also said that no stay order was granted by the court in any SCRA. She also submitted a copy of a recent judgment by the Supreme Court of Pakistan.

Asim Mansoor Khan, Additional Attorney General Pakistan appearing for the state submitted that judgment relied upon by the petitioner side was an un-reported judgment. He also submitted that a copy of the judgment be given to him so that he could assist the court properly.

The bench allowing the request asked the counsel for petitioner to provide a copy of the judgment relied upon to the DAG and fixed May 31 to hear the case pertaining to construction lorries.

Construction vehicles cases-hearing on April 21

KARACHI: The hearing of six Special Customs Reference Applications (SCRAs) was put of till April 21 as the counsel for petitioner Rising Sun Construction Company submitted a judgment by Supreme Court of Pakistan upholding a judgment by a division bench of SHC in case pertaining to class of vehicles identical in the instant petitions and 5 SCRA’s filed by Collector Customs.

Ms Dil Khurram Shaheen advocate appearing for the petitioner submitted that issue of alleged violation of Import policy was decided by the SHC and the apex court and this petition also involves same class of vehicle construction vehicles including concrete mixture truck, dumper etc.

The bench while taking note of the cited judgment, put of further proceeding s till April 21  directing the counsel for Pakistan Customs to come up with their contentions.

SHC adjourns Dumper Trucks case till Aug 24 as response from Commerce Ministry awaited

KARACHI: An appellate bench of High Court of Sindh (SHC) on Monday adjourned hearing of two identical petitions filed by Haji Ihsanullah of Ihsanullah Construction Company till Aug 24. The adjournment came as comments from the Ministry of Commerce about import policy in respect of dumper trucks are still awaited. The Court on a previous hearing in July, asked the Commerce Ministry to make a clarification that whether the old and used Concrete Mixture Truck and other construction machinery import was legal or illegal.

The petitioner moved the court seeking release of over 50 vehicles of different nature including Concrete Mixture trucks,  Dumper Trucks, Crane Lorries and other construction vehicles detained by the Model Customs Collectorate, Hyderabad on ground that these were adopted vehicles and declared at very low value by the petitioner/importer.

The petitioner maintains that he is a registered government contractor and is rendering valuable service to the Pak Army in the Khyber Pakhtunkhwa and other tribal areas. It was maintained that for different projects of utmost importance in view of present political and security environment within the country, petitioner imported over 250 vehicles to augment the mechanization of the construction works on projects of national importance completes on time.

Citing the chairman FBR, Collector Customs, MCC Hyderabad, Additional Collector, Deputy Collector and Assistant Commissioner of MCC Hyderabad besides Director, Additional Director Valuation and Director Intelligence and Investigations as respondents, the counsel maintains that his company entered into an agreement for import of 950 construction vehicles at unit value. The first consignment of 70  units arrived at Karachi and was trans-shipped to MCC Hyderabad. The GD was filed after which the respondents of MCC Hyderabad disputed the declared value  at which the petitioner requested for provisional release of the vehicles were released by respondents after securing  disputed amount of duties and taxes and referred the matter to the Director Valuation. The Additional Director Valuation refused the assessment and asked the MCC Hyderabad officials to assess themselves on the case to case basis. In the mean while Collector Customs, MCC Hyderabad assessed the value violating the section 25 of the Customs Act 1969, the petitioner maintained adding that they challenged the assessment by the Collector Customs.

In the intervening period another consignment of 194 units arrived out of which 179 units were released on orders of the court.  However still 34 units are being detained by the MCC Hyderabad for being “adopted” and imported in violation of ban on import of such vehicles.

The petitioner through counsel Ms Dil Khurram Shaheen prays to the court to declare that import of the disputed vehicles was in accordance with the Import Policy Order 2013, direct the respondents to accept the declared value and release the same at declared value. The court was also prayed to direct the respondents to issue delay detention certificates in respect of these vehicles.

Construction Machinery cases: Hearing adjourned till Aug 02

KARACHI: A divisional bench of High Court of Sindh (SHC) comprising Justice Irfan Saadat Khan and Justice Arshad Hussain on Wednesday adjourned hearing of two petitions filed by Haji Ihsanullah of Ihsanullah Construction Company till Aug 02 while directing the officers concerned of Ministry of Commerce to appear before the court.

The Court asked the Commerce Ministry to make a clarification that whether the old and used Concrete Mixture Truck and other construction machinery import was legal or illegal.

The petitioner moved the court seeking release of over 50 vehicles of different nature including Concrete Mixture trucks,  Dumper Trucks, Crane Lorries and other construction vehicles detained by the Model Customs Collectorate, Hyderabad on ground that these were adopted vehicles and declared at very low value by the petitioner/importer.

The petitioner maintains that he is a registered government contractor and is rendering valuable service to the Pak Army in the Khyber Pakhtunkhawa and other tribal areas. It was maintained that for different projects of utmost importance in view of present political and security environment within the country, petitioner imported over 250 vehicles to augment the mechanization of the construction works on projects of national importance completes on time.

Citing the chairman FBR, Collector Customs, MCC Hyderabad, Additional Collector, Deputy Collector and Assistant Commissioner of MCC Hyderabad besides Director, Additional Director Valuation and Director Intelligence and Investigations as respondents, the counsel maintains that his company entered into an agreement for import of 950 construction vehicles at unit value. The first consignment of 70  units arrived at Karachi and was trans-shipped to MCC Hyderabad. The GD was filed after which the respondents of MCC Hyderabad disputed the declared value  at which the petitioner requested for provisional release of the vehicles were released by respondents after securing  disputed amount of duties and taxes and referred the matter to the Director Valuation. The Additional Director Valuation refused the assessment and asked the MCC Hyderabad officials to assess themselves on the case to case basis. In the mean while Collector Customs, MCC Hyderabad assessed the value violating the section 25 of the Customs Act 1969, the petitioner maintained adding that they challenged the assessment by the Collector Customs.

In the intervening period another consignment of 194 units arrived out of which 179 units were released on orders of the court.  However still 34 units are being detained by the MCC Hyderabad for being “adopted” and imported in violation of ban on import of such vehicles.

The petitioner prays to the court to declare that import of the disputed vehicles was in accordance with the Import Policy Order 2013, direct the respondents to accept the declared value and release the same at declared value. The court was also prayed to direct the respondents to issue delay detention certificates in respect of these vehicles.

Dumper Mixer trucks case adjourned as DAG seeks time

KARACHI: A divisional bench of High Court of Sindh headed by Justice Syed Hasan Azhar Rizvi on Monday adjourned hearing of a petition filed by importer of construction vehicles including Crane Lorries, Transit Mixture Trucks Dumper Trucks till July 13 as Deputy Attorney General Salman Talibuddin sought time to submit comments from Ministry of Commerce as ordered by the court. The petition was filed by Haji Ihsanullah Khan of Ihsanullah Construction Company who made Collector Customs, Model Customs Collectorate, Hyderabad, Assistant Commissioner, Additional Commissioner, Deputy Commissioner and Director Intelligence and Investigations, respondents in the petition. The petitioner maintains that he entered into an agreement with different parties based in Japan and UAE in 2013 and 2015 for import of 950 and 1500 units of specialized construction vehicles.

The petitioner maintains that Custom officials first disputed the declared value, later said that each vehicle to be valued for custom duty and other taxes individually. The custom released 70 vehicles provisionally after securing disputed amount of custom duty and other through post dated cheques.

The petitioner later challenged the assessment by the custom officials after which respondent officials in order to teach a lesson questioned the importability of the vehicles and said the import was banned.

The question of ban taxed the bench which after hearing the contentions from both the sides asked the Deputy Attorney General to seek comments from the Ministry of Communication to clarify that whether these vehicles can be imported into the country or not.

Construction vehicles case: SHC seeks comments from Ministry of Communication

KARACHI: The comments from Ministry of Communication were called by a division bench of High Court of Sindh (SHC) comprising Chief Justice Sajjad Ali Shah and Justice Mahmood A Khan in a petition filed by importer of construction vehicles including Crane Lorries, Transit Mixture Trucks Dumper Trucks.

The bench later adjourned hearing till June 23. The petition was filed by Haji ihsan ullah khan of Ihsanullah Construction Company who made Collector Customs, Model Customs Collectorate, Hyderabad, Assistant Commissioner, Additional Commissioner, Deputy Commissioner and Director Intelligence and Investigations, respondents in the petition. The petitioner maintains that he entered into an agreement with different parties based in Japan and UAE in 2013 and 2015 for import of 950 and 1500 units of specialized construction vehicles.

The petitioner maintains that Custom officials first disputed the declared value, later said that each vehicle to be valued for custom duty and other taxes individually. The custom released 70 vehicles provisionally after securing disputed amount of custom duty and other through post dated cheques.

The petitioner later challenged the assessment by the custom officials after which respondent officials in order to teach a lesson questioned the importability of the vehicles and said the import was banned.

The question of ban taxed the bench which after hearing the contentions from both the sides asked the Deputy Attorney General, Asim Mansoor Khan to seek comments from the Ministry of Communication to clarify that whether these vehicles can be imported into the country or not.