IN THE HIGH COURT OF SINDH AT KARACHI
C.P. No. D-2926 / 2016
1. For hearing of CMA No. 13998/2016
2. For hearing of main case.
02.06.2016
Mr. Ghulam Nabi Shar, advocate for the petitioner.
Mr. Kashif Nazeer, advocate for Respondents No. 2.
Ms. Masooda Siraj, advocate for Respondent No. 3.
Mr. Ilyas Ahsan, Principal Appraiser, Customs.
Learned counsel for the petitioner submits that the goods have been assessed by the respondents at US$ 397 per M.T. against the declaration of US$ 300 per M.T, which order the petitioner is challenging before the Collector of Appeals, however, in the meanwhile, the petitioner may be allowed release of the consignment on payment of duties and taxes on the declared value and on securing the differential between the declared and the assessed value through pay order/bank guarantee. The Counsel further says that there is still 12 days left with him to file appeal before the Collectorate of Appeal. None object to this proposition.
We, in the circumstances, while disposing off this petition, direct the respondents to release the petitioner’s consignment upon payment of all duties and taxes on declared value and upon securing the differential between the declared and assessed through pay order/bank guarantee with the concerned Collectorate. The differential would be encashable after ten days of the decision of the Collectorate of Appeals; however, if the petitioner does not approach the Collectorate Appeals, within the stipulated period, then the respondents would be entitled to encash the pay orders.
The petition, alongwith the pending applications stand disposed in the above terms.
CHIEF JUSTICE
J U D G E
Zahid Baig