Petitions against Regulatory Duty adjourned till dec 14
KARACHI: The hearing of dozens of petitions pertaining to imposition of Regulatory Duty (RD) was adjourned till Dec 14 by a division bench of High Court of Sindh (SHC) comprising Justice Munib Akhtar and Justice Omar Sial after counsel for FBR Kafeel A Abbasi and Additional Attorney General Salman Talibuddin informed the bench that Member, Legal of FBR would address the court on the law points.
A senior advocate from Franklin Law Associates appearing for a number of petitioners in rebuttal today said petitioner rely on judgment in Mustafa Imex case where in court has ruled that only Parliament or cabinet can impose a new tax while Minister Incharge has no powers to take such a decision on his own in his capacity of Federal Finance Minister.
He said that Economic Coordination Committee (ECC) has no role in levy of a new tax, submitted counsel for Franklin Law Associates. He was concluding his rebuttal when the Additional Attorney General for Pakistan Salman Talibuddin requested the bench to hear Member, Legal of FBR before the arguments are concluded and sides are closed.
The bench allowing the request deferred further proceedings till Dec 14.
The petitioners mainly individual importers, associations including Tile Importers Association FPCCI and others questioned the legality and powers of the government to enforce the levy without taking the matter to the federal cabinet and out of annual budget.