KARACHI: A division bench of the Sindh High Court (SHC) issued notices to the customs officials and directed them to file their respective para wise comments on a constitutional petition filed by M/s Unique Industries seeking an order for refund of its amount of Rs9,291,342 in respect of regulatory duty allegedly illegally recovery by the respondent against the goods declarations.
On 22 January 2021, counsel for the petitioner stated that petitioner is a proprietorship form and engaged in imports of LED TV Panel, parts and components and registered as manufacturer of demotic appliances under the income tax ordinance and sales tax act, 1990.
He argued that petitioner has filed refund applications for the refund amounting to Rs9,291,342 in respect of regulatory duty illegally recovery by the respondent against the goods declarations wherein it was held that the regulatory duty is not recoverable on the impugned goods, the refund applications were adjudicated on intervention of the FTO and the adjudicating authority has issued 8 order-in-originals No 01 to 08/ 2019 dated May 05, 2019.
Counsel further argued that despite the judgement of customs appellate tribunal Karachi in 08 appeals the amount so recovered against regulatory duty is refundable to the petitioner which is not being refunded.
Petitioner said that petitioner is seriously aggrieved and seriously prejudiced by the actions of the customs officials, who are not implementing the judgment of the customs appellate tribunal resulting to which the petitioner is facing enormous hardship/ financial crises.
Citing chairman FBR and collector of Customs West as respondents, petitioner pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary and court may direct them to refund the amount of the petitioner and restrain them from taking any adverse action against the petitioner till final order in this petition.
