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SHC bars customs officials from taking action against M/s Mustaqim Dyeing & Printing Industries

KARACHI: The Sindh High Court (SHC) restrained customs officials from taking any action pursuant to the impugned show cause notice on a constitutional petition filed by M/s Mustaqim Dyeing & Printing Industries Private Limited against show cause notice for demand of recovery in respect of anti-dumping duty.

On26 November, 2020, a two-member bench, headed by Justice Junaid Gaffar heard the matter.

During the hearing, Maryam Riaz, advocate appeared on behalf of the petitioner and argued that petitioner has impugned show-cause notice dated Nov 10, 2020 the controversy reading vires of the amendment in anti-dumping duties act, 2015 through finance, act 2019 has already been challenged by the petitioner in another constitutional petition and vide order dated Nov 2, 2020, the fresh consignment has been allowed to be released by way of ad-interim order.

He submitted that the show cause notice pertains to the same controversy in respect of the consignments already released by the department.

After the hearing, the court issued notices to the customs officials and observed that “till then the respondents are restrained from acting any further pursuant to the above impugned show cause notice”.

Earlier, citing chairman FBR, Chief Collector of Customs Appraisement & Facilitation, Assistant Collector of East Appraisement & Facilitation and National Tariff Commission as respondents, petitioner pleaded the court may declare that issuing of demand for payment of duty with respect to anti-dumping is illegal, malafide and arbitrary.

 

 

2020-11-27
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