Pakistan Case Law← Search
1998 SCMR 267

CENTRAL BOARD OF REVENUE and others vs Messrs FLYING BOARD & PAPER

Citation1998 SCMR 267
CourtSupreme Court of Pakistan
Case No.Civil Petition No,2092-L Civil Miscellaneous Nos.1124-L and 1146-L of 1996
Date1996-11-18
Judge(s)Fazal Ilahi Khan, Raja Afrasiab Khan, Zia Mahmood Mirza
ResultOrder accordingly

ORDER

1. ' FAZAL ILAHI KHAN, J.---Leave is granted to consider, inter alia, whether the petitioners were entitled to recover regulatory duty on the goods partially or totally exempted from customs duty and as to whether goods of the respondents were not chargeable as such on the doctrine of promissory estoppel.

2. ' C.M. No,1124-L/1996:- While clearing the goods, the respondents shall deliver post-dated cheques to the petitioners equivalent to the amount of regulatory duty in dispute duly endorsed by the bank and also furnish Indemnity Bond to the satisfaction of Assistant Collector (Bonds) concerned as per the arrangement made during the pendency of the Writ Petition in the High Court, till the disposal of the appeal.

3. ' C.M. No,1146-L/1996:- The learned counsel for the applicants states that regulatory duty in question having been recovered through coercion from the applicants, the action was challenged in the proceedings before the learned High Court where undertaking was given by the petitioners that in case the respondents' Writ Petition is accepted the regulatory duty recovered would be refunded to the petitioners/applicants with interest. Now that Writ Petition has been accepted the Department failed to honour the commitment for refund of the amount. Learned counsel appearing for the department categorically stated that to his knowledge so far no such request has been made for the amount and if any such request is made. The said amount would be refunded in accordance with law and the undertaking given in Court. Accordingly, the applicants are directed to approach the Department for the needful.

4. ' Disposed of accordingly.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search