| Citation(s) |
|---|
| 2018 SLG 2116 2018 SLD 2116 2018 PTD 1966 |
W.P. No. 2547 of 2017, decision Dated: 24-07-2018, hearing Date : 27-04-2018.
Aziz-ul-Haq Nishtar for Petitioners (in W.Ps. Nos.2590 and 2653 of 2017). Ali Nawaz Kharal and Malik Asif Raza for Petitioners (in W.Ps. Nos.2633, 2662 and 2855 of 2017). Karim-ud-Din Khilji and Ms. Nazma Parveen for Petitioners (in W.P. No.2662 of 2017). Zulfikar Khalid Maluka for Petitioner (in W.P. No.2849 of 2017). Muhammad Wisal Khan, Barrister Qasim Wadud and Wasi Ullah Khan Surrani for Petitioners (in W.Ps. Nos.2852, 2853, 3076, 3077 of 2017). Syed Riaz Hussain and Malik Asif Raza for Petitioners (in W.P. No.2855 of 2017). Farhan Shahzad for Petitioners (in W.Ps. Nos.3250 and 3251 of 2017). Riaz Hanif Rahi for Petitioner (in W.P. No.3252 of 2017). Ch. Khurram Shahzad for Petitioner (in W.P. No.3260 of 2017). Malik Jawad Khalid for Petitioner (in W.P. No.3407 of 2017). Barrister Syed Masood Raza for Petitioner (in W.Ps. Nos.3579, 3580, 3581 of 2017, 128 and 129 of 2018). Aasim Shafi and Sardar Najib R. Abbasi for Petitioners (in W.Ps. Nos.3700, 3701, 3708 and 4015 of 2017, 79 and 81 of 2018). Muhammad Nazir Jawad for Petitioner (in W.P, No. 3868 of 2017). Syed Pervaiz Zahoor Gillani for Petitioners (in W.Ps. Nos. 4033 to 4038 of 2017). Muhammad Afzal Awan and Ms. Nazma Parveen for Petitioners (in W.Ps. Nos. 4410 of 2017, 564, 669 and 701 of 2018). Tariq Manzoor Sial for Petitioners (in W.Ps. Nos. 194, 195 and 811 of 2018). Khalil-ur-Rehman for Petitioners (in W.Ps. Nos. 694 and 1304 of 2018). Monim Sultan for Petitioner (in W.P. No. 794 of 2018). Sajid Abbas Khan, Ahmed Sheraz, Rashid Anwar, Ahmed Bashir, Salman Zaheer Khan, Musa Bashir Janjua, Jahanzab Awan, Muhammad Yousaf Nasim, Muhammad Adil Saeed, Sibah Farooq, Sajid Aurangzeb Khan and Irfan Ahmed for
Respondents.
MESSRS AIMNAZ (PVT.) LIMITED
VS
FEDERATION OF PAKISTAN, THROUGH THE SECRETARY, MINISTRY OF LAW, FEDERAL SECRETARIAT, ISLAMABAD AND 2 OTHERS
Law: Anti Dumping Duties Ordinance, 2015
Section: 3
THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, JUSTICE:---.--- This judgment shall decide the instant petition as well as petitions mentioned in the list attached herewith, as common questions of law and facts are involved. 2. The Petitioners, in all the petitions, are aggrieved of investigations initiated, Preliminary and Final Determinations made by National Tariff Commission (NTC) under the Anti-Dumping Duties Act, 2015 (The Act). In this behalf, the NTC is a body created under National Tariff Commission Act, 2015 (NTC Act) which has been given the power and has statutory duty to inter alia commence investigation; make Preliminary Determination and also the Final Determination with respect to the complaints made or suo motu proceedings initiated regarding the import of material by the importers at an extremely low price, so as to constitute dumping within the meaning of phrase as provided in the Act. The procedure adopted by NTC in investigating the matter, passing Preliminary and Final Determinations is governed by the Act, as well as NTC Act. As noted hereinabove, the Petitioners are aggrieved of the initiation of the process or passing of order against them inasmuch as they are the importers and complaints have been made against them by Private Respondents/Complainants in the petitions and on the basis thereof, Anti-Dumping Duties have been imposed by NTC. The Petitioners are importers of various items and the same is not confined to any particular product, however, regardless of the fact that the import material is different in the petitions, all the petitions are being decided together since regardless of the material imported the procedure adopted for investigation or making determination and imposition of Duty is governed under the above mentioned law. 3. Munawar-us-Salam, Advocate Supreme Court, led the arguments on behalf of the Petitioners. The main thrust of the arguments on behalf of the Petitioners was that the imposition of Anti-Dumping Duty in essence is a tax which cannot be levied and imposed by NTC inasmuch as under Article 77 of the Constitution, it is only within the competence of the legislature i.e. the Parliament with respect to Federal Tax…
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