KARACHI: M/s AA Traders, M/s Ariq International and M/s Global Select approached the Sindh High Court (SHC) and filed a constitutional petition seeking refund of their huge amounts which were collected by customs department as regulatory duty.
On 30 June 2021, counsel for the petitioners informed the court that petitioners are importer of various glassware crockery and other items, which items were subject to regulatory duty in terms of SRO 1035(1)/2017, which SRO was declared as illegal and unconstitutional by the division bench of this court.
He further informed that since this court held that regulatory duty cannot be charged, collected or recovered in pursuance of said SRO for a period commencing from Finance Act, 2017 till the commencement dated of Finance Act, 2018 therefore, the regulatory duty already collected by the respondents from the petitioners become refundable.
Citing secretary Finance, Collector of Customs Appraisement West, East and Port Muhammad Bin Qasim and others as respondents, petitioners pleaded the court that the instant writ petition may very kindly be accepted and a writ, in the mature of mandamus, in terms of article 199 (a)(i) of the constitution of Islamic Republic of Pakistan 1973 be issued against the respondents.
He stated that accordingly, petitioners approached the concerned authorities for refund their amounts which were collected as regulatory duty, however, customs officials denied and non-action of part of the respondents is a clear violation of law on the subject and the directions contain in a judgment of this court.
Counsel further pleaded the court may very kindly be directed to issue the refunds of the petitioners in terms of the directions contained in para 15(ii) of the judgment if this court expeditiously within in a period of 15 days.
