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FBR challenges SHC verdict granting exemption from customs duty on import of tiles

FBR challenges SHC verdict granting exemption from customs duty on import of tiles

KARACHI: The Supreme Court of Pakistan directed counsel for Federal Board of Revenue to conclude his final arguments on civil petition for leave to appeal filed by Collector of Customs Appraisement West, Port Muhammad Bin Qasim, East and chairman FBR against verdict of SHC which granted relief to 60 importers regarding exemption from customs duty on import of tiles.

On April 09, 2019, a two-member bench, comprising Justice Maqbool Baqar and Justice Sajjad Ali Shah was hearing the matter.

During the hearing, counsel for the petitioners argued that M/s Morosh and other 59 importers of tiles have filed the petitions being aggrieved with the SRO 1035(1)/2017, and prayed the importers’ goods (tiles) are exempted from customs duties in excess of 37.5 percent in terms of SRO 497(1)/2009 dated 13/06/2009 and any duty including regularity duty, additional customs duty or otherwise on excess of 37.5 percent as provided under SRO 497(1)/2009 is not applicable to the consignments of the petitioners.

He further argued that a division bench of SHC without considering the facts has allowed the judgment, which is detrimental to the smooth collection of much-needed revenue, by issuing impugned judgment dated 23/04/2018.

He submitted that SHC has allowed un-due relief to the importers, which is fatal to the exchequer.

Citing 60 importers including M/s Agility & Co, M/s M.S.W & Company, M/s Noor & Son, M/s Malik Traders, M/s Pak Traders, M/s ASH-HUB Enterprises as respondents, petitioner pleaded the court to grant leave to appeal against the impugned judgment dated 23.04.2018 passed by the division bench of SHC and further be pleased to stay/ suspend the operation of the impugned judgment/ order decision of this petition.