KARACHI: The Sindh High Court (SHC) directed customs department to make sure to file para wise comments on a petition filed by M/s Pakistan Mobile Communications Limited against issuance of show cause notice for recovery of Rs5,772,297.
On May 07, 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter.
During the hearing, counsel for the petitioner stated that petitioner is a public limited company incorporated under the companies’ ordinance, 1984 and is registered in the business of providing cellular telecommunication services.
He submitted that petitioner was served impugned demand notice dated April 3, 2019 wherein it was pointed out that vide audit observation Rs5,772,297 are recoverable from the petitioner company and directed to deposit the same in the government exchequer within seven days from issuance of the impugned notice filing which recovery proceedings under Section 202 of the Customs Act, 1969 shall be initiated including blocking NTN without further notice.
Counsel further argued that petitioner replied to impugned demand notice through authorized representative and raised legal and factual grounds however, he feels that petitioner has no other adequate remedy except to invoke the extraordinary constitutional jurisdiction of this court in terms of Article 199 of the constitution for the redressal of its grievance.
Citing chairman Federal Board of Revenue, Collector of Customs Customs Collectorate and Assistant Collector Appraisement West as respondents, petitioner pleaded the court to declare that without issuing of show cause notice and subsequent adjudication order, the impugned demand notice is illegal, without lawful authority and of no legal effect; however, it is further prayed that the respondent may kindly be restrained jointly and severally, from further proceedings and taking any adverse actions or measures whatsoever.
