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M/s Ahmed Hassan Textile moves SHC against imposition of taxes on power generation unit

byM.B. Rana
20/12/2017
in Karachi, Latest News
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KARACHI: The Sindh High Court (SHC) has issued notices to the customs officials and the deputy attorney general, directing them to file their respective para wise comments on a constitutional petition filed by M/s Ahmed Hassan Textile Mill (Private) Limited against demand of Rs 15,550,537 being 10 percent customs duty and 17 percent sale tax on import of natural gas power generation unit. A two-member bench, comprising Justice Munib Akhtar and Justice Omer Sial, was hearing the petition.

Earlier, counsel for the petitioner stated that it has imported consignment 01 unit brand new complete Caterpillar model G 35 20C Sit a spark Ignited Turbo Charged after cooled of 1972 EKW KVA, continuous power at 1500 RPM, 3 Phase, 11000 Voltas 50 Hertz 0.8 power factor which reached to Port Muhammad Bin Qasim and filed Goods Declaration (GDs) according with law.

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He submitted that, however, the customs authorities raised a huge demand of consignment Rs 15,550,537 being 10 percent customs duty and 17 percent sale tax against the petitioner regarding import of natural gas power generation unit. He argued that said item is exempted under 5th Schedule of the Customs Act 1969.

Citing Chairman Federal Board of Revenue, Collector of Model Customs Collectorate Appraisement, Director General Directorate General of Customs Valuation and others as respondents, the petitioner pleaded the court to declare the act of the respondents as illegal, mala fide and arbitrary.

He also pleaded the court may to set aside impugned valuation and restrain them from taking any coercive action against the petitioner till final order of this petition.

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