KARACHI: The Sindh High Court (SHC) issued notices to the customs department and deputy attorney general on a constitutional petition filed by Ever Fresh Farms Private Limited, challenging imposition of regularity duty on Mozzarella Fresh Cheese and other times under Valuation Ruling Number SRO 1035 (1)/2017 dated 16/10/2017.
During the hearing of petition, a two-member bench, headed by Justice Munib Akhtar also directed them to file their respective para wise comments on next date of hearing.
Earlier, counsel for the petitioner stated in its constitutional petition that petitioner is engaged in the lawful business of import of food items and in a rotten, petitioner imported the consignment of 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 1000 cartons of Shredded Mozzarella Cheese Veg Fat (6×2) and filed Goods Declaration 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 dated 16/10/2017 and imposed regularity duty on a number of items including the above mentioned items by the petitioner.
Counsel further argued that power to impose duty is exclusively vested in 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 as illegal, mala fide and arbitrary and unlawful.
Citing Secretary Ministry of Finance, Chairman Federal Board of Revenue, Collector of Customs Collectorate Collectorate East as respondents, counsel pleaded the court to declare the imposition of regularity duty on above mentioned goods is unlawful and restrain them form taking any coercive action against them petitioner till final order in this petition.
