HASCOL PETROLEUM LTD. vs FEDERATION OF PAKISTAN through Secretary, Revenue Division Ss

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HASCOL PETROLEUM LTD. VS FEDERATION OF PAKISTAN through Secretary, Revenue Division Ss.18 & 30---Goods dutiable---Regulatory duty---Date of determination of rate of import duty---Scope---Petitioners claimed entitlement to benefit under SRO 806(I)/2022, dated 20-06-2022---Validity---Federal Government had imposed 10% regulatory duty on import of motor spirit vide SRO 806(I)/2022, dated 20-06-2022 subject to the condition that the duty shall not be levied on cargoes for which Letter of Credit had been established before the effective date i.e. 20-06-2022 or carrier vessels of which were in high seas before promulgation of SRO 806(I)/2022---SRO 806(I)/2022, dated 20-06-2022 was a protection to those transactions which were already at the verge of being materialized i.e. either Letter of Credits had been established or in relation to which "commercial transaction" the goods were in the high seas carrying cargos for the importer---Two limbs of SRO 806(I)/2022 were not completely isolated i.e. for a cargo in the high seas it had to be established that they were on the way to discharge their cargo for consignee and not waiting for a call from any potential buyer as these kind of cargo vessels were invariably available at high seas for a prompt response to any commercial call---Petitioners' Letter of Credits were not opened prior to 20-06-2022 and presence of vessel at high sea did not demonstrate that it was there for the petitioners on account of some commercial transaction recognized by law---Petitioners were not entitled to the protection and benefit under SRO 806(I)/2022---Constitutional petitions were dismissed, in circumstances. Citation Name: 2023 PTD 1415 KARACHI-HIGH-COURT-SINDHBookmark this Case HASCOL PETROLEUM LTD. VS FEDERATION OF PAKISTAN through Secretary, Revenue Division S. 30---Date of determination of rate of import duty---Scope---Rate of duty applicable to any import shall be the rate of duty in force.

HASCOL PETROLEUM LTD. vs FEDERATION OF PAKISTAN through Secretary, Revenue Division Ss — 2023 PTD 1415 KARACHI-HIGH-COURT-SINDH

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