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M/s Myco Corporation moves SHC for refund of regulatory duty paid under SRO 1035/2017

M/s Myco Corporation moves SHC for refund of regulatory duty paid under SRO 1035/2017

KARACHI: A two-member bench of the Sindh High Court (SHC) directed customs officials to filed their respective para wise comments on a constitutional petition filed by M/s Myco Corporation for refund of amount paid by the petitioner on the import of 15 consignments on account of regulatory duty under SRO 1035/2017.

On 4 March 2021, during the hearing, counsel for the petitioner stated that during the period from November 24, 2017 to May 14, 2018 the petitioner firm imported 15 consignments of tyres and tubes through MCC West, Karachi and got cleared the same after payment of customs duty and taxes.

He submitted that petitioner being a law-abiding citizen also paid 20% to 35% regulatory duty in view of SRO 1035/2017 dated Oct 16, 2017 against those consignments, however, dated Feb 07, 2018 this court declared that said SRO to be ultra vires, of no legal effect and quashed the same and directed to refund the full amount of regulatory duty paid by the petitioners.

Against the above orders the respondent filed civil appeal before the supreme court but subsequently made a statement that on account of subsequent developments and amendments in the relevant provisions of law, the present matters have been rendered infructuous and the civil appeals were withdrawn.

Counsel argues that petitioner approached the customs department for refund of the regulatory duty which was charged from the petitioner at the time of import of 15 consignments imported by the petitioner, however, no reply of the said letters was given by the concerned authorities.

Citing chairman FBR, collector of Customs Appraisement West as respondents, petitioner pleaded the court may direct them to refund the regulatory duty paid by the petitioner pursuant to SRO 1035/2017 and grant any other relief deemed fit in the circumstance of the case.