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M.F.M.Y Industries Limited vs Federation of Paistan S — 2024 MLD 1149 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 1149 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
M.F.M.Y Industries Limited vs Federation of Paistan S
Subject matter
Service
Provisions referred to
S. 3---I

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

M.F.M.Y Industries Limited VS Federation of Paistan S.3---Import Fee Order, 1993---Notification SRO 594(I)/1993, dated 17-07-1993---Import license fee---Whether service provided in return---Quid pro quo, principle of---Applicability---Petitioners were importers and aggrieved of charging of fee for issuance of import license, as no service was being provided in return---Validity---Fee could not be restricted only for rendering any material service but if any special benefit was conferred or any privilege was bestowed and for obtaining that privilege or benefit any amount was charged it did not fall within the category of fee---On promulgation of Import Fee Order, 1993, Imports and Exports (Control) Act, 1950 still regulated imports and exports in the country and regulated trade and commerce---Such import and export was done by way of an import and export policy which was issued every year taking into consideration economy of country and its requirements---Privilege was extended for permitting import of an item which otherwise could not be done by all, except such permission, and service was still provided through Export Promotion Bureau as well as the Bank (which at the relevant time was a nationalized bank)---High Court declined to declare levy of such fee illegal and without sanction of law, as in essence requirement of quid pro quo stood fulfilled---Fees realized could not necessarily exactly correspond to expenditure incurred on administration of Imports and Exports (Control) Act, 1950---High Court declined to interfere in the matter as importers were required to pay fee as the authorities were still rendering service under Import Fee Order, 1993---Constitutional petition was dismissed, in circumstances.

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