A.M.MAHMUDUR RAHMAN,J. - (1.)The petitioner by this petition filed under Articles 102(1) and 2(a) of the Constitution prays for issuance of a Rule Nisi upon the respondents to show cause as to why the order dated 23-6-98 imposing the supplement duty at the rate of 40% on the basis of the proposed budget for the year 1998-1999 and the Standing Order dated 11-6-98 should not be declared to have been passed without lawful authority and is of no legal effect and why they should not be directed to impose the supplementary duty at the rate of 50% and to allow depreciation at the rate of 60% according to Finance Act, 1997.
(2.)The petitioner on obtaining invoice for the recondition vehicles from Toicme and Co. Ltd. Japan opened Letter of Credit on 19-5-98 for import of 4 vehicles on finding the standing order No. 1653/96 Cus dated 29-1-96 of the National Board of Revenue showing depreciation at the rate of 40% of the price which was spread over 5 years. For the first year the rate was fixed for 20%, 15% for 2nd year, 10% for 3rd year and 4th year and 5% for the 5th year. The supplementary duty was fixed @50% for such vehicles. The consignment arrived at Chittagong port on 22-6-98 but before arrival of the cargo the proposed budget for the year 1998-1999 was placed in the Parliament on 11-6-98 and in the Bill supplementary duty was fixed at the rate of 80% in respect of the vehicles and the National Board of Revenue also issued Standing Order No. 46/98 Cus dated 11-6-98, in supercession of the previous Standing Order, under which total depreciation was fixed at the rate of not exceeding 40% dividing the same into five parts for five years 15% for the 1st , 10% for the 2nd year and 3rd year or any part thereof and 5% for the 4th and 5th year or any part thereof respectively.
(3.)The petitioner submitted 4 Bills of Entry and other documents on 23-6-98 for assessment of duties and taxes for release of the vehicles. But the respondent imposed the supplementary duty @ 80% and allowed depreciation @ 40% on the basis of budget for 1998-99 and the Standing Order No. 46/98 Cus dated 11-6-98. The petitioners filed application before the Commissioner of Customs for release of the vehicles on payment of the duties section 3 of the Provisional Collection of Taxes Act, and taxes on the basis of the rate for the year 1997-98.