IMTIAZ TEXTILE BARA, DISTRICT KHYBER vs The FEDERATION OF PAKISTAN through Federal Secretary, Finance and Reve

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

IMTIAZ TEXTILE BARA, DISTRICT KHYBER VS The FEDERATION OF PAKISTAN through Federal Secretary, Finance and Revenue Division, Islamabad Sixth Schedule, Entry No. 151, first proviso [as amended vide Finance Act, 2024]---Amendment in law---Applicable retrospectively---Goods imported by registered persons having business activities in erstwhile FATA ('importers')---Post-dated cheque as a security instrument provided by importers---Post-dated cheque as a security instrument substituted by the pay-order vide amendment---Whether the goods which were already imported by the petitioners before the said amendment, and said goods had reached territorial water of Pakistan would be subject to the new mechanism /amendment i.e. the petitioners would be required to provide pay order instead of post-dated cheque for release of the said goods or the said goods would be released on payment of post-dated cheque?---Held, that Finance Act, 2024 neither affects the charging section nor the machinery section of the Sales Tax Act, 1990, however, it has only substantially changed the condition of the exemption prior to the Finance Act, 2024---One of the conditions in order to avail the said exemption is that against the imported goods the petitioners were required to provide the post-dated cheque as a security instrument which was substituted by the pay order---This substitution is indeed a temporary financial burden upon the importers---Finance Act, 2024, does not give any impression that it applies to any transaction which has taken place prior to 1st July, 2024---However, whether the goods of any of the petitioners has been manifested or otherwise, or the goods have reached the territorial water of Pakistan before 1st July, 2024, cannot be determined by the High Court ; so the matter is left to the respective Collectorate of the respondents to determine the same---Thus, High Court held / declared that the amendment made in Entry No. 151 through Finance Act, 2024, would not be applicable to those imports of the petitioners whereby they had imported their input/goods which had reached the territorial water of Pakistan/the goods were manifested prior to 1st July, 2024---Constitutional petitions were allowed accordingly.

IMTIAZ TEXTILE BARA, DISTRICT KHYBER vs The FEDERATION OF PAKISTAN through Federal Secretary, Finance and Revenue Division, Islamabad Sixth Schedule, Entry No — 2025 PTD 301 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2025 PTD