KARACHI, June 5: Justice Mushir Alam of the Sindh High Court issued notice to deputy attorney general, directorate general of intelligence and investigation (custom and excise) and others in a law-suit filed by the Pakistan State Oil , challenging demand notice issued in respect of alleged evasion of duty and taxes.
Plaintiff, a state-controlled company, in a suit for injunction stated that the defendant in complete violation of Section 32, 202 of the Custom Act issued demand notice for recovery of Rs17,936,204 on May 5 as duty and taxes of petroleum.
The court was prayed to declare the notice of the defendant illegal and suspend the operation of recovery.
The notice issued by the directorate-general of intelligence and investigation (Custom and Excise) stated that the PSO provided it a list of 52 consignments of petroleum and petroleum products which have been exported to Afghanistan from Karachi since Oct 4, 2003, against an advance payment. It stated that only five shipping bills in respect of five consignments were provided, which were actually exported, while in respect of the remaining 47 consignments, no proof has been produced, so far, regarding their actual export.
The letter stated that after investigations, they came to a conclusion that 47 consignments have actually been disposed of in Pakistan, as such the PSO is not entitled to claim the benefit of non-payment of duty and taxes which comes to tune of Rs17,936,204 and PSO was asked to pay the said amount.
RESTRAINED: The Sindh High Court restrained a Pakistani company ADT from using the trademark 'ADT' and registration of copyright in a lawsuit filed by a Switzerland-based company M/s ADT Services for infringement of its trademark.
Plaintiff and its exclusive licensee in Pakistan M/s Tyco Fire and Security submitted that their ex-dealer Asif Baig Mohammad registered a company in Pakistan in similar identical name of M/s ADT Pakistan and by misrepresentation and by making false affidavits got it registered with fraudulent intention to deceive public.
Plaintiff's counsel Raja Qasim Ali advocate claimed a decree of Rs210 million against defendants for infringement of its trademark.
The court, issuing notice to defendants, restrained them from using the mark ADT similar with plaintiff's mark. The court further restrained the defendants from using registration of copyright for ADT under registration No.13093 till the next date of hearing.-PPI