KARACHI: The Sindh High Court (SHC) has directed the tax authorities not to initiate an action or adjudicate against Nishat Mills Limited without the permission of the court.
The court ordered this on a constitutional petition filed the company, seeking exemption as entitled under 5th Schedule of the Customs Act, 1969 on its consignment of ” LED lamps and lights with fittings. A two-member bench, comprising Justice Munib Akhter and Justice Anwar Hussain, was hearing the petition challenging show cause notice issued by the government authorities.
During the hearing, counsel for the petitioner stated that notwithstanding interim orders made on September 11, 2015, a show cause notice was subsequently issued. The court issued notice to the respondents for October 6, 2016.
The court directed the petitioner to submit a reply on the merit to the show cause notice issued by the tax authorities.
Earlier, the petitioner’s counsel stated that petitioner imported various items i.e LED lamps and lights with fittings and availed examination as entitled under 5th Schedule of the Customs Act, 1969. However, the officials assessed the goods and threatened that the petitioner to pay taxes or criminal proceedings would be initiated against them for alleged mis-declaration.
Citing Secretary Revenue Division, Director Directorate General of Intelligence & Investigation – FBR (FBR) ,Deputy Director, Directorate General of Intelligence & Investigation – FBR and Collector of Customs Model Customs Collectorate, Appraisment-East, Karachi as respondents, Petitioner pleaded the SHC may set aside impugned letter dated October 30, 2015 issued by the respondents without jurisdiction, justification and direct them not to act contrary to law. Petitioner also pleaded the Court may suspend the operation till final order.
