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by Wasantha Ramanayake

The Supreme Court granted Special Leave in an appeal filed by a cement importing company against the Court of Appeal order that dismissed the writ application seeking to quash a Customs Notice which had allegedly increased the import duty on cement from 10% to 25% imported from countries other than India.

The Bench comprised Justices Dr.(Mrs.) Shirani Bandaranayake, P. Edussuriya and H.S. Yapa.

Petitioner Cement Traders (Pvt) Ltd. cited the Cabinet of Ministers of the previous government at the time of filing the application in 2000 and the present Cabinet as respondents.

The petitioner company claimed that it was a BOI approved company and engaged in importing Portland cement from Malaysia.

The then Finance Minister in 2000 imposed a 9.5% duty on cement imported from India and increased the duty on cement imported from other countries up to 25%, accordingly the Customs Notice published in the Gazette dated June 23. Petitioner alleged that said increase in duty on cement imported from countries other than india and the reduction of duty with regard to cement imported from India made it impossible for the petitioner company to carry on a commercially viable business.

The Court of Appeal dismissed the writ application filed by the petitioner and the petitioner filed the instant application seeking to vary/set aside the said judgment of the Court of Appeal.

The company further sought to quash the said decision.

L.C. Senevirathne PC appeared for the petitioner.

The hearing was fixed for December 11.

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