KARACHI: The Sindh High Court (SHC) has directed the tax authorities, Oil & Gas Development Regulatory Authority and deputy attorney general of Pakistan to present para-wise comments on a constitutional petition filed by MAL Pakistan Limited against impugned notice, requiring a certificate from Pakistan Standard and Quality Control Authority (PSQA) for clearance of internal combustion engine lubricating oil imported by the petitioner.
A two-member bench, comprising Justice Irfan Sadat Khan and Justice Muhammad Humayun Khan, was hearing the petition. During the hearing, counsel for the collector of customs model customs collectorate west and the chief collector model customs collectorate west filed para-wise comments which were taken on record. However, the court directed the other respondents to file their para-wise comments on or before the next date of hearing. The court adjourned the hearing for November 23, 2016.
Earlier, counsel for the petitioner stated in its petition that petitioner is engaged in the business of locally manufacturing, importing and selling lube oil for use in vehicles as well as others machinery, petitioner is licensed by the Oil and Gas Development Authority (OGRA) as a lube oil manufacturer, importer and marking company.
He argued that business of the petitioner was initially regulated by the Pakistan Petroleum and is currently being regulated by Pakistan Oil (Refining, blending transportation, storage and marketing).
According to the petitioner, Pakistan Standard & Quality Control Authority (PSQCA) issued a notice dated April 27, 2016, requiring the petitioner to apply for the CM License certificate for internal combustion engine lubricating oil.
Petitioner further argued that it has already certified from Pakistan Standard & Quality Control Authority for this purpose, therefore, it has no requirement for another certificate for said respondent.
Citing Collector of Customs Model Customs Collectorate East, Collector of Customs Model Customs Collectorate West, The Chief Collector Model Customs Collectorate West, Sectary Revenue Division, Oil & Gas Development Regulatory Authority, Sectary Ministry of Commerce, Sectary Ministry of Science & Technology and Pakistan Standard & Quality Control Authority as respondents, petitioner pleaded the SHC may declare that the requirement to procure a certificate from Pakistan Standard & Quality Control Authority for clearance of internal combustion engine lubricating oil imported by the petitioner is unlawful and without jurisdiction.
