KARACHI: A two-member bench of the Sindh High Court (SHC) directed customs officials to make sure filing their para wise comments on a constitutional petition filed by M/s Chanar Energy Limited against demanding duty and taxes of imported consignment of bagasse based boiler of 110 bar pressure allegedly exempted from duty and taxes under CGO NO 11/207.
On 22 April 2021, counsel for the petitioner stated that petitioner is owns an electric power generation company which has developed a 22 megawatt bagasse/ biomass based co-generation power plant in tehsil Tandliawala, District Faisalabad.
He submitted that in furtherance of the development of the power project the petitioner duly fulfilled all legal formalities and requirements in that it obtained letter of intent dated April 30, 2015 form the alternative energy board, approved dated July 06, 2015 from the environmental protection department, generation license from NEPRA.
He further submitted that petitioner has imported a consignment of bagasse based boiler of 110 bar pressure and filed goods declaration, the consignment has reached Karachi in different lots and the petitioner filed goods declaration therein that the lots were exempt from the levy of duties and taxes under CGO NO 11/207, however, the officers of the FRB illegally, unlawfully and in contravention to the CGO No 11/2007, wrongly assessed the lots to be chargeable with duties and taxes.
Citing Secretary Ministry of Industries & Production, CEO Engineering Development Board and Chairman FBR as respondents, petitioner pleaded the court may declare that impugned assessments as unconstitutional, illegal, null void, of no legal and inoperative against the rights of the petitioner.
Counsel further pleaded the court may declare that the petitioner is entitled to the benefit of CGO NO 11/2007 and hence not liable to pay duty and taxes upon the import of the bagasse based boiler of 110 bar pressure, as the same is not being manufactured locally in Pakistan.
