SHC issue notices in petition by National Refinery Levy of Sindh Infrastructure Cess

KARACHI: Pre-admission notices were issued in a petition filed by National Refinery challenging imposition of Sindh Infra- structure Cess on oil imported by the petitioner entity in government sector.

Khalid Javed Khan advocate appearing for the petitioner concern submitted that petitioner imports “Crude Oil” which comes to port in oil tankers and the oil was pumped/reaches the refinery through pipes installed for the purpose and there is no usage of infra structure what so ever owned and developed by the provincial government of Sindh.

The counsel submitted that for the first time, Customs has issued a notice informing the petitioner company of the levy of such cess to be collected by the customs.

The levy is no applicable to the petitioner as it do not use road network or any other surface facility owned and provided by the Sindh government. He while raising an alternate plea cited judgment of Supreme Court in case against CAA and said that being a federal entity, provincial government cannot levy any charge on petitioner. On both these law points, the charge of cess is illegal, he said.

The bench after initial hearing ordered issuance of pre-admission notices to the respondents including Pakistan Customs and provincial government.

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