KARACHI: The Sindh High Court (SHC) issued notices to the Customs department and deputy attorney general on a constitutional petition filed by M/s Altas Honda Limited against regulatory duty (RD) imposed on steel sheets and aluminium.
During hearing of petition on Wednesday, a two-member bench headed by Justice Aqeel Ahmed Abbasi directed them to file their comments on next date of hearing.
During hearing, the counsel for the petitioner stated that it imports various items in furtherance of its production and sales activities in Pakistan.
He argued that Ministry of Finance imposed no rate of regulatory duty on PCT Code 72.09 and 5% rate of RD on PCT 7601.2000, since these rates were within reason and in accordance with law and petitioner continued to pay regulatory duty.
He further argued that the Federal Board of Revenue chairman issued notification SRO 568(1)/2014 and raised the regulatory duty on steel sheets from 0 to 5%, and again issued SRO 236(1)/2016 and raised regulatory duty from 5 to 10%.
He informed the court that Supreme Court declared that where a statute provided for approval of the federal government/such an approval must be obtained from the federal cabinet; however, respondents again issued SRO 1035(1)/2017 raised regulatory duty without approval of the federal cabinet.
Citing Secretary Ministry of Finance, Chairman Federal Board of Revenue, Chief Collector of Customs Collectorate East, West and Port Muhammad Bin Qasim as respondents, he pleaded the court to declare that act of the respondents as illegal, mala fide and arbitrary.
He also pleaded the court to restrain them from taking any coercive action against the petitioner till final order in this petition.