KARACHI: A division bench of the Sindh High Court (SHC) issued notices to customs authorities and deputy attorney general of Pakistan and directed them to file para wise comments on a constitutional petition filed by M/s Puma Energy Pakistan (Pvt) Ltd against demand notice on import of gasoline.
On 16 October 2020, during the hearing, Hyder Ali Khan appeared on behalf of the petitioner and argued that petitioner is an oil marketing company duly licensed under the ministry of energy and procures petroleum products from local refineries as well as imports such products for distribution throughout Pakistan.
He stated that in August 2020, the petitioner sought to import 4007,819 MT of motor gasoline and upon the arrival at the bonded warehouse, the petitioner requested customs officials to release the said prior to the finalization of customs formalities, the petitioner furnished pay order for advance payment of taxes and duties, including the petroleum levy, for the early release of the motor gasoline.
He submitted that through pay orders calculated as the prevailing rate at the time was Rs21.70 per liter, the petitioner paid the requisite, petitioner removed 1448 MT dated Sep 16, 2020 and further removed 1541.7 MT on same date, however, 1081 MT remains to be removed.
He further argues that petitioner has been stopped from removing and claimed that petitioner was liable to pay the petroleum levy at Rs27. 99 per liter under the new notification for the motor gasoline removed after Sep 16, 2020.
Citing chairman FBR, collector of customs Preventive and deputy collector of Customs of Preventive as respondents, petitioner pleaded the court to declare that the impugned demand notice dated Oct 02, 2020 is mala fide and has been issued without lawful authority and is of no legal effect.
