KARACHI: M/s Ghandhara DF Private Limited has approached the Sindh High Court (SHC) and filed a constitutional petition challenging SRO 845(I)/2021 for imposition of additional customs duty on import of components for the manufacture/ assembly of trucks and prime moves “DONGGENG”.
On 15 July 2021, counsel for the petitioner stated that petitioner is a company incorporated under the laws of Pakistan and is a manufacturer of a brand in trucks and prime moves “DONGGENG” this Import of components for the manufacture/ assembly of vehicles by the petitioner.
He argued that through this petition, the petitioner seeks to challenge (i) the imposition of additional customs duty through SRO 845(I)/2021 which has been superseded of SRO 572(I)/ 2020 on the petitioner’s import of components for the manufacture/ assembly of vehicles even through the petitioner has been exempted from customs duty in excess of 45% on localized for vehicles falling under PCT heading 87.03 and 87.04 and in excess of 30% and 20% on non-localized components for vehicles under PCT Heading 87/03 and 87.04 respectively for a period of five year.
He further argued that (ii) the vires of section 18(5) of the customs act 1969 on the ground that it amounts to an excessive delegation of power. Citing Chairman FBR, The Collector of Customs MCC Appraisement West, East and Port Muhammad Bin Qasim as respondents, petitioner pleaded the court to declare that the impugned SRO No 845(i)/2021 in so far as it seeks to impose any additional customs duty on the petitioner within the 5 years period is illegal.
He further pleaded the court may direct them to release the consignments, imported by the petitioner without payment of any additional customs duty under the impugned SRO or otherwise and allow the petitioner to clear the consignments imported by it without payment of any additional customs duty under the impugned SRO.
