| Citation(s) |
|---|
| 1983 SLG 647 1983 SLD 647 = 1983 PLD 112 |
Write Petition No. 467 of 1982, decided on 20th December, 1982.
Before Usman Ali Shah, Actg. C J
S. M. Zafar for Petitioner. Zahurul Haq, A.-G. for
Respondent No. 1. Mansoor Ahmad Khan for
Respondent No. 2.
KHYBER ELECTRIC LAMPS MANUFACTURING Co. LTD.---Petitioner
VERSUS
FEDERATION OF PAKISTAN THROUGH MINISTRY OF FINANCE, ISLAMABAD AND ANOTHER---Respondents
Law: Central Excises and Salt Act (I of 1944)
Section: 12-A
(a) Central Excises and Salt Act (I of 1944)---
_.-- S, 12-A-Notifications No. SRO 871(1)/82, dated 72.9-1982 and SRO-(1)/82 dated 4-10-1982-Provisional Constitution Order (I of 1981), Art. 9-Exemption from duty-Notification dated 12-9-82 exempting electric bulbs and fluorescent tubes manufactured during period commencing on 4-9-8z and ending on 3-9-83 from duty-Notification dated 4-10-82 issued in supersession of notification dated 12-9-82 giving exemption from duty to only those factories which have gone into production and located in areas where natural gas not available and using furnace oil and liquified petroleum gas --- Petitioner's factory using natural gas as such excluded from exemption from duty vide later notification --- Contention that factories manufacturing electric bulbs equally entitled to exemption from duty as such notification dated 4-10-82 be declared illegal, mala fide and without jurisdiction and Government be called upon to disclose reasons and basis for creating discriminatory treatment--Petitioner not showing not a single instance that prices for using furnace oil and liquified petroleum gas and prices for using natural gas same-Exemption of factory using furnace oil and liquified petroleum gas for such reason, held, proper--Government may exempt any goods or class of goods from levy of excise duty on any terms and conditions.