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SHC issues notices on petition filed by M/s Pearl Fabrics Company against SCN

SHC issues notices on petition filed by M/s Pearl Fabrics Company against SCN

KARACHI: The Sindh High Court (SHC) issued notices to the customs officials and deputy attorney general on a constitutional petition filed by M/s Pearl Fabrics Company against show-cause notice issued by customs officials regarding anti-dumping duty.

On 16 January 2021, counsel for the petitioner stated that petitioner is an exporter of terry towels and other related goods and petitioner being engaged in the import of Hydrogen Peroxide shall enter into and has already secured certain contracts for the import of Hydrogen Peroxide, one such contract for the import of Hydrogen Peroxide is evidenced by way of letter of credit opened in favor of Saddam chemical complex Limited which is irrevocable.

He further argued that it is now apprehended that acting of the basis of impugned amendment and the impugned show cause notice regarding anti-dumping duty, the consignment and goods of the petitioner shall not be released by the respondents, the sole reason for such confiscation is the prima facie arbitrary, unconstitutional and illegal interpretation, omission, enforcement and applicability of a wholly illegal provision section 15 of the Finance Act 2019, this court has been pleased to grant the relief sought by the petitioner.

Citing chairman FBR, Collector of Customs Appraisement and Facilitation East, Assistant Collector Group-II and Secretary National Tariff Commission as respondents, petitioner pleaded the court may declare that all executive/ administrative and/ or enforcement actions taken in pursuance of the impugned amendment inclusive of the collection of anti-dumping duty and/ or the issuance of any demand cum show cause notice on goods declaration and the demand raised and or to be raised by the respondents for anti-dumping duty for goods covered by the exemption under export orientated units rules 2008 in unlawful and unconstitutional and set aside the same.