KARACHI: Four identical constitution petitions pertaining to interpretation of Part-I of Fifth Schedule to Customs Act 1969 were disposed off by the Custom Appellate bench of High Court of Sindh holding that these petition have served their purpose. The bench also ordered discharge of securities guarantees deposited by the petitioner.
The bench heard Ghulam Haider Shaikh Advocate from Franklin Law Associates at length. The counsel submitted that during the pendency of petition filed by Lalpir Power and others, the controversy has been resolved by way of an amendment through Finance Act 2022 whereby Para iv has been substituted in the Fifth Schedule of the said Act.
The bench perusing the case filed found that Federal Board of Revenue through the budget instructions dated 01.07.2022 has informed all the field Collectorates that since language of the condition (iv) was ambiguous, the explanation shall always deem to have been so substituted.
None of the official respondents opposed the petitions. The bench after detailed hearing disposed off the petitions holding that since explanation / amendment has been made which is applicable, all these petitions have served their purpose and hereby disposed off with pending applications whereas the securities/guarantees if any furnished by the petitioners shall be discharged in their favor.