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LHC issues notice against automotive export dispute by Siwa Industries

LHC issues notice against automotive export dispute by Siwa Industries

automotive export by Siwa Industries



By Nasir Mahmood 

The Lahore High Court has issued order for notice to respondents and Attorney General in the case of M/s Siwa Industries (Pvt.) Ltd. a manufacturer of two & three wheelers for 17-10-2024 to file report and Para-wise comments before next date of hearing.  


The petition has been filed against Minister of Finance, Secretary, Ministry of Industries and Productions, Federal Board of Revenue through its Chairman, Engineering Development Board through its Chief Executive Officer, and Member Customs, Federal Board of Revenue. 


According to informed sources the petition has been filed against demand raised by EDB under SRO 2069(1)/2022 dated 01.12.2022 and SRO 656(1)/2006 for provision of details of Exports during 2022-23 under Automotive Industry Development and Export Policy 2021-26. Under this policy all the OEMs are required to achieve the export targets in line with the notification of MoIP and as per the conditions. Therefore, they were required to provide the details of total exports and imports made during year 2022-23, exports in the pipeline during current year and the future plans/ steps taken for exports of vehicles/ auto parts.    


Petitioner submitted that the identical petitions bearing WP. No.68730/2023, 4795/2024, were pending this Court for adjudication and the Court passed ad-interim injunctive orders in these petitions hence the Petitioner prayed for the similar treatment and prayed for grant of the identical orders in the interest of equity and justice.


The petitioner prayed to strike down the impugned SRO 2069(1)/2022 dated 01.12.2022 being arbitrary, unreasonable and unlawful. In the alternative the condition imposed by the SRO may be declared unreasonable. Strike down the notification dated 01.03.2022 sued by Ministry of Industries and Production and chapter 8 of AIDEP 2021-2026 (ex facie or in their application) may be struck down, being unreasonable exercise of power and having so legal effect.


Petitioner further submitted to declare the Engineering Development Board's decision, based on the above instruments, to not extend validity date of manufacturing certificate and to not upload the Import quota, as arbitrary and unlawful exercise of power.


He prayed to direct the Respondents EDB and Federal Government to take all necessary steps to upload import quota and use/revalidate the import authorization and manufacturing certificates without imposition of the impugned condition introduced through impugned SRO or its consideration in doing so.


Restrain and prohibit, including in the interim, the Respondents from enforcing or implementing the condition imposed under SRO 656 through the above instruments. Restrain and prohibit, including in the interim, the Respondents from demanding or collecting any excess additional customs duty from Petitioner Company in oblivion to the concessionary regime under SRO 656 on import of components falling under SRO 656(1)/2006.

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