KARACHI: The Sindh High Court (SHC) issued notices to the customs officials and deputy attorney general of Pakistan on a constitutional petition filed by Aisha Steel Mills Limited challenging SRO 641/2018 dated May 24, 2018 and SRO 1276/2018 dated October 18, 2018.
On 30 December 2020, during the hearing, counsel for the petitioner stated that petitioner is a public limited company incorporated under the company’s ordinance 1984 and is one of the largest manufacturers and suppliers of CRC manufactured from HRC, the petitioner is also registered a manufacturer of CRC sheets or coils under the sales tax act, 1990.
He further submitted that, by way of present petition, the petitioner challenges the show cause notice dated Dec 10, 2020 by the Collector of Customs Adjudication on the basis of a contravention report prepared by the customs officials whereby it has been alleged that the petitioner has made supplies of hot rolled coils CRC for manufacture of cold-rolled coils CRC and galvanized iron coils GIC in violation of the regulatory regime introduced by the Ministry of Finance.
He stated that petitioner filed reply of the show cause notice that it was not possible for manufacturers such as the petitioner to verify, at the time of supply, the business activities of the consumers as the sales tax registrations or returns do not define all the business activities of the consumers and also submitted that it had been importing HRC and supplying CRC and GIC in accordance with the regulatory regime in light of the clarification of the FBR and the letters of respondent.
Citing chairman FBR, Collector of Customs Adjudication, Directorate of Port Clearance Audit South Karachi, Commissioner Inland Revenue Audit-II as respondents, petitioner pleaded the court to declare that SRO 641 AND 1276/2018 are illegal, unlawful and ultra vires the constitution and also declare that the impugned noticed has been issued without lawful authority and is of no legal effect.