KARACHI: The Sindh High Court (SHC) has directed customs officials to file their para-wise comments on a constitutional petition filed by Faisal Naseem, Proprietor of M/s Diamond Impex Corporation, against imposition of regulatory duty on consignments of sweet condensed milk.
On December 17, 2018, a two-member bench, headed by Justice Aqeel Ahmed Abbasi, heard the matter.
During the hearing, counsel for the petitioner stated in his constitutional petition that petitioner is aggrieved by the arbitrary, illegal and unconstitutional acts of the respondents, who had issued SRO 568(1)/2014 dated 26/06/2014 as amended by SRO 1177(1)/2015 dated 30/11/2015 in purported exercise of power under Section 18(3) of the Customs Act, 1969 imposing regulatory duty on a number of items including the sweet condensed milk, imported by the petitioner, falling under chapter 04 of the Pakistan Customs Tariff being the first schedule to the act, 1969.
Citing Secretary Finance, chairman FBR, DG Directorate General of Post Clearance Audit (PCA), Collector of Customs Appraisement West as respondents, petitioner pleaded the court to declare that the respondents are not liable to take any action pursuant to SRO 568(1)/2014 and SRO 1177(1)/2015, including but not limited to levy, imposition, assessment and or recovery of regulatory duty on the consignments imported by the petitioner.
