Law: Customs Act, 1969

Section: 18

[Customs AM (IV of 1969)].......Sections 18, 19 & 31-A---Notification No.S.R.O. 1015(1)87 dated 20-12:1987--­Customs duty---Exemption from---Exemption from duty, earlier granted on goods imported by petitioner was subsequently withdrawn by Notification issued by Central Board of Revenue after contract to import goods was entered into between parties, Letter of Credit was opened and even goods were imported--­Notification which had taken away petitioner's vested right acquired by him prior to its issuance having been given retrospective effect by insertion of S.31-A in Customs Act, contention of petitioner that subsequent withdrawal of exemption could not in any manner detract from his vested rights was of no substance in circumstances. A-Samrez Enterprise v. Federation of Pakistan 1986 S C M R 1917; Yaseen Sons v. Federation of Pakistan P L D 1989 Kar. 361; Eeco Agencies Ltd. v. Karachi Municipal Corporation 1987 S C M R 1642 and Radaka Corporation v.. Collector of Customs 1989 S C M R 353 ref. ORDER MUHAMMAD HUSSAIN ADIL KHATRI, J.--The petitioner had imported iron and steel scrap for which contract was entered into on 21-9-1987 and letter of credit was opened on 22-9-1987. The vessel m.v: Shaheen containing scrap arrived at Karachi Port on 12-11-1987. The petitioner filed Bill of Entry declaring its duty @ 51% per Metric Tons plus 12.5% Sales tax as leviable on the dates the import licence was obtained. Contract was made and letter of credit was opened. The petitioner had declared the duty payable at the above rate as under SRO 505(1)/86 dated 29-5-1986 issued under section 19 of the Customs Act, 1969 the goods falling under PCT Heads 73.06 to 73.40 (Re-rollable scrap) were exempted from duty in excess of 51% ad val. The Central Board of Revenue vide its notification No.SRO 1015(1)87 dated 30-12-1987 omitted from SRO No.505(1)86 the above entry pertaining to Re-rollable scrap and exemption of duty in excess of 51%. The aforesaid notification dated 30-12-1987 inserted in SRO PCT Heading 73.03. (Waste and Scrap metal of iron and steel) (Shredded and bundled scrap only), exempting duty in respect thereof in excess of 20% ad val and omitted the headings 73.06…

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