KARACHI: The Ever Fresh Farms (Private) Limited has filed a constitutional petition in the Sindh High Court (SHC), challenging imposition of regularity duty on mozzarella fresh cheese and other items under SRO 1035 (1)/2017 dated 16/10/2017.
Counsel for the petitioner stated that the petitioner imported a consignment, containing 350 cartons of mozzarella fresh cheese block (6X2kg), 600 cartons of shredded mozzarella processed cheese (6x2kg), 600 cartons of mozzarella fresh cheese block veg fat (6×2) and 1,000 cartons of shredded mozzarella cheese veg fat (6×2) and filed Goods Declaration (GD) as per law.
He submitted that it is aggrieved by the arbitrary, illegal and unconstitutional acts of the respondents, whereby, the respondents have issued SRO 1035(1)/2017 on October 16, 2017 and imposed regularity duty on a number of items, including the above mentioned items.
The counsel further argued that power to impose duty is exclusively vested with the parliament excursing such power through an act of parliament as provide under clauses 2, part III of the constitutional, therefore, court may declare that act of the respondents is illegal, mala fide and arbitrary and unlawful.
Citing Secretary Ministry of Finance, chairman Federal Board of Revenue, collector of Customs Collectorate East as respondents, counsel pleaded the court to declare the imposition of regularity duty on above mentioned goods as unlawful and restrain them form taking any coercive action against them petitioner till final order in this petition.
