KARACHI: The Sindh High Court (SHC) directed customs officials to file their para wise comments on a constitutional petition filed by M/s Noor Enterprises against enhancement of regulatory duty from 20% to 50% through SRO 648 (1)/ 2018 on consignment of cosmetics.
A two-member bench, headed by Justice Aqeel Ahmed Abbasi, heard the matter on August 9, 2018.
During the hearing, counsel for the petitioner stated that it is engaged in the lawful business of import of cosmetics from China and always fulfills all the legal formalities according with law and never involved in any criminal or tax evasion case.
He argued that petitioner is seriously aggrieved by the arbitrary, illegal exercise of authority by customs officials in purposed exercise of power under Section 18 (3) of the Customs Act, 1969, to impose/enhance regulatory duty for 20% to 50% through SRO 648(1)/2018.
He submitted that act of the respondents is without any circumstances justified the enhancement of the regulatory duty by the customs officials.
Citing Sectary Ministry of Finance, Chairman Federal Board of Revenue, Collector of Customs Appraisement East, Wast and Port Muhammad Bin Qasim and others as respondents, counsel pleaded that court to declare that act of the respondents as illegal, mala fide and arbitrary.
Petitioner also pleaded the court to set aside impugned notification issued by the customs officials for enhancement of regulatory duty on consignment imported by petitioner and restrain them from taking any coercive action against the petitioner till final order of this case.
After the hearing, court issued notices to the customs department, deputy attorney general and directed them to ensure filing their comments on next date of hearing.
