Law: Customs Act, 1969

Section: 33,201-A(1),195C,196

Law: Constitution of Pakistan, 1973

Section: 199

Cstoms Act (IV of 1969)--S.33---Constitution of Pakistan Art.199 ORDER AQEEL AHMED ABBASI, J---Through instant petition the petitioner has sought the following relief(s):-- (i) direct the respondents jointly and/or severally to perform their statuary obligations by making compliance and to act upon the Order dated 17-2-2010 passed by the Appellate Tribunal Customs, Excise and Sales Tax (Bench-1), at Karachi, in petitioners Customs Appeal No. 10 of 2006, by making payment to the petitioner its dues/arrears on account of fifteen (15) refund claims of Rs.331,780,3l8 plus mark-up/profit @ 18% p.a. from the dates of their deposits shown in the Form E - (annex. P/8), calculated up to 30-11-2011 as per calculation sheet (annexure P/10), total Rs.1,290,359,834.78, plus future mark-up/profit at the same rate till final payment. (ii) further direct the respondents, jointly and/or severally, to make payment of surcharge @ 1.5% (one and half percent) per month, on the basis of equity as per provisions of Section 202-A of 1 Customs Act, 1969, on the abovementioned arrears of Rs.1,290,359,834.78, calculated to Rs.1,462,160,461.35, as per certified calculation sheet (annexure P/ 11 herewith) that had become due and payable from Order dated 17-2-2010 passed by the Appellate Tribunal Customs and future surcharge at the same rate till final payment. (iii) till final decision in the instant Const. Petition the respondents, jointly and/or severally, may be directed to deposit petitioners dues/arrears mentioned in prayer Clauses (i) & (ii) above with the Nazir of this, Hon'ble Court. (iv) attach and sale Custom House, Karachi, and other properties belonging to the respondents by appointing official assignee as receiver, for - the recovery of petitioners above mentioned dues/arrears of Rs.1,290,359,834.78 + Rs.1,462,160,461.35 = total Rs.2,752,520,296.13, till 30-11-2011 and future markup/profit/surcharge till final payment (as-.shown in para 17 above). (iv) pass any other, better, order or orders which this Hon'ble Court may deem fit and proper in the circumstances of the case. (v) grant cost of proceedings. 2. Briefly the facts as stated in the petition are that the petitioner…

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