KARACHI: The Sindh High Court (SHC) has continued interim order on a constitutional petition filed by M/s Henkel Industries Adhesives Pakistan (Private) Limited against demand notice for recovery of further 5 percent duty and taxes on 21 consignments of the raw material.
A two-member bench, comprising Justice Munib Akhtar and Justice Saeeduddin Nasir, was hearing the constitutional petition.
During the hearing, the counsel for the department, Pervaz Iqbal, requested the court for some time to engaged a fresh counsel in this matter. Therefore, the court continued the interim order and adjourned the hearing for a date which would be announced by the office of the SHC.
On a previous date of hearing, court has directed the tax authorities not to take any coercive against the petitioner.
Earlier, counsel for the petitioner stated that it has been regularly importing consignments of the raw material which were imported and cleared on payment of livable duty and taxes during the period of July 2013 to May 2014.
According to the petitioner, it was facing no problem regarding these imports, till November, but it is aggrieved and prejudicial by the respondents arbitrary and unlawful demand of duty and taxes in respected of 21 consignments of the raw material, where the respondents have recently raised unlawful demand, without issue of any show cause notice, raw material was being at 5% custom duty and taxes but now they demanded further 5% duty and taxes on 21 consignments of raw material.
Citing Chairman Federal Board of Revenue (FBR), Collector of Custom Model Custom Collectorate Appraisement West and Collector of Custom Collectorate Appraisement East as respondents, petitioner pleaded the SHC may declare that impugned demand notice for further 5% duty and taxes in respect of 21 consignments of raw material which already had cleared on payments of leviable duty and taxes during the period July 2013 to May 2014 is illegal, unlawful and no legal effect.
Importer also pleaded the court may restrain the respondents from taking any coercive action against the petitioner.
