Supreme Court suspends SHC order in appeal by Pakistan Customs

KARACHI:-A full bench of Supreme Court of Pakistan (SCP) comprising Chief Justice Anwar Zaheer Jamal, Justice Amir Hani Muslim and Justice Umar Ata Bandial issuing notices in an appeal filed by Pakistan Customs against Mumtaz Ghani Textiles (Pvt) Ltd suspended the operation of order of a division bench of High Court of Sindh.

The SHC bench comprising Justice Sajjad Ali Shah and Justice Junaid Ghaffar on 29-9-2015 in its order gave four-week time to the appellants/respondent Pakistan Customs to get the order of the SHC suspended or make payment to the Mumtaz Ghani Textile of refund claim amount along with interest at bank rate.

The SHC earlier upheld a decision by the Custom Appellate Tribunal (Bench I) which granted a refund claim of rupees 1, 52, 73,695 against import of surgical gloves.

Prior to the Tribunals order, Collector Customs, Adjudication and Collector of Appeals rejected the refund claim submitted by the respondent Mumtaz Ghani Textiles. However despite two judgments against importer company (rule of consistency), the Appellate tribunal ruled in favor of the Mumtaz Textiles and ordered the Customs to settle the refund claim of rupees 1,52, 73,695. Raja Muhammad Iqbal advocate represented the appellant. Saifuddin Junejo, Collector Exports earlier directed Additional Collector Shahab Imam, Deputy Collector Jam Imran and Principal Appraiser Naseem Ahmed played a key role in filing of the appeal saving billions of rupees of the government as four identical appeals are also pending adjudication before the SHC.

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