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KARACHI, Sept 15: A division bench of High Court of Sindh, comprising Justice Shabbir Ahmed and Justice Muhammad Mujeebullah Siddiqui, on Wednesday disposed of a constitutional petition filed by the Karachi International Container Terminal against the CBR.
Aziz A Shaikh, appearing for the petitioner, maintained that the KICT imported rubber tires gantry cranes and other items for exclusively for use at the KICT. The counsel maintained that prior permission and assurance was sought regarding taxes, duties under an SRO for evaluation at concession rates.
When the consignment reached Karachi, the Customs appraisement levied duty and taxes at a rate of 60 per cent whereas items being not manufactured locally should have been valued at a rate of 20 per cent.
When the matter was taken up, the counsel for the CBR submitted comments and also advanced submissions. The respondent maintained that the imported machinery was basically "trailers" which are substitutes of locally manufactured items.
The CBR also took the plea that petitioner came directly to the court without availing departmental remedies under the Customs Act, 1969, and thus petition is liable to be dismissed ab-initio.
The bench after hearing the sides disposed of the matter with the direction to the petitioner to seek advice from the CBR on the basis of their letter (dated 15-2-2003) regarding the issue of levy of duty and taxes.
DEMONLITION ORDERED: A division bench of High Court of Sindh, comprising Justice Anwar Zaheer Jamali and Justice Maqbool Baqer, on Wednesday ordered demolition of illegally constructed portions of plot No 124, block 2, Commercial Area, PECHS.
The bench was hearing a constitutional petition filed by Tazar Khan and M. Suleman who booked two shops in the building situated in the commercial area of PECHS, costliest in the area.
They made the KBCA and owner/developer Mohammad Sohaib respondent in the petition and prayed to the court to declare the notices issued to them by the KBCA and developer as illegal and restrain the KBCA from taking any action against the owner/developer.
The bench after hearing the counsel for the KBCA, dismissed it as none was present on behalf of the petitioners. The regularization plan submitted in respect of the unauthorized construction raised over the disputed property has been rejected by the KBCA and such orders have been communicated to the petitioners on Dec 13, 2003, the bench said in its order holding that no relief can be granted to petitioners.
The bench dismissed the petition in limine and directed the KBCA to take immediate action and demolish the illegal structure and submit a compliance report within two months time. -APP
