KARACHI: Islamabad High Court (IHC) comprising Judge Noor-ul-Haq Qureshi dismissed a writ petition filed by M/s Kingcrete Builders against Federal Board of Revenue (FBR).
The said petition was filed against FBR that tax entity has denied to pass on benefit of charging 5 percent Customs Duty on import of 13 concrete transit mixers (CTM) from Japan provisionally got released the same from the Customs department on payment of 5 percent Customs Duty to final decision of FBR.
Ministry of Finance and Revenue vide SRO 1090(I) 2006 directed the petitioner to pay Customs Duty and taxes to the tune of Rs 8.85 million as remaining 60 percent in view of joint undertaking by petitioner and respondent number 4.
The petitioner referring clause 2 of SRO 1090(I)/2006 argued that it was the denial of benefit to the importer of the CTMs.
In the judgment IHC said undertaking of the petitioner, acceptance to accept the decision of adjudicating authority and they would abide by the decision of FBR regarding admissibility of the concessions.
It said it was observed that the petitioner was accommodated in view of such undertaking and when the decision was made on the issue, the petitioner was required to pay Rs 8.85 million as differential amount.
In view of the said legal and factual position, the Court found that there was no force in present writ petition, which was hereby dismissed with no order as to costs.