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M/s Procter & Gamble Pakistan approaches SHC challenging order for recovery of duty & taxes

M/s Procter & Gamble Pakistan approaches SHC challenging order for recovery of duty & taxes

KARACHI: M/s Procter & Gamble Pakistan Private Limited moved the Sindh High Court (SHC) against recovery order for Rs1,779,232 on account of duty and taxes allegedly evaded and levy of personal penalty of Rs200,000.

On July 20, 2019, counsel for the petitioner stated in his petition that petitioner is a private company incorporated in accordance with the laws of Pakistan in the year 1991 is a subsidiary of the multinational company Procter & Gamble having head offices in USA, through the year, the petitioner has invested over $150 million is fixed assets and its investments continue to yield socio-economic to Pakistan by creating over 5000 direct and indirect employment opportunities and developing a local supplier base resulting in hundreds of millions of dollars in local value addition to date.

He submitted that customs officials issued a show cause notice dated 10 August, 2018 stating that Appraisement West, Karachi had reported that the petitioner was allegedly involved in import and clearance of sodium lauryl sulfate 29 (SLS) at valuation rate of US$ 0.53/kg instead of US$ 1.3/kg as provided in the valuation ruling no 695/2014.

He further submitted that on 26/10/2018, the petitioner received a copy of the impugned order having been decided against it with a direction to deposit Rs1,779,232 on account of duty and taxes allegedly evaded. Adding insult to injury, the impugned order also imposes a personal penalty of Rs200,000 on the petitioner along with a warning to exercise care in the future failing which stern action would be taken against the petitioner and its associates.

Citing secretary finance, Additional Collector of Customs Adjudication, deputy collector of Customs (GR-II) Appraisement West and others as respondents, petitioner pleaded the court may declare that action of the respondents is illegal, mala fide and arbitrary.

He further pleaded the court to declare that the enforcement of impugned order before a final decision by the customs appellate tribunal is illegal, mala fide and unconstitutional and restrain them from taking any coercive action against the petitioner till such time that a final decision is given by the customs appellate tribunal.