KARACHI: A two-member bench of the Sindh High Court (SHC) sought comments from customs officials on several constitutional petitions filed by M/s Ghandhara DF Private Limited challenging SRO 845(I)/2021 for imposition of additional customs duty on import of components for the manufacture/ assembly of trucks and prime moves “DONGGENG”.
On 29 July 2021, during the hearing, counsels for the petitioners stated that through these petitions, the petitioners sought to challenge (i) the imposition of additional customs duty through SRO 845(I)/2021 which has been superseded of SRO 572(I)/ 2020 on the petitioners import of components for the manufacture/ assembly of vehicles even through the petitioners have been exempted from customs duty in excess of 45% on localized for vehicles falling under PCT heading 87.03 and 87.04 and in excess of 30% and 20% on non-localized components for vehicles under PCT Heading 87/03 and 87.04 respectively for a period of five year.
They further argued that (ii) the vires of section 18(5) of the customs act 1969 on the ground that it amounts to an excessive delegation of power.
Citing Chairman FBR, Collector of Customs Appraisement West, East and Port Muhammad Bin Qasim as respondents, petitioners pleaded the court to declare that the impugned SRO No 845(i)/2021 in so far as it seeks to impose any additional customs duty on the petitioners within the 5 years period is illegal.
They further pleaded the court to direct them to release the consignments, imported by the petitioners without payment of any additional customs duty under the impugned SRO or otherwise and allow the petitioners to clear the consignments imported by it without payment of any additional customs duty under the impugned SRO.
