SC grants CPLA filed by Pakistan Customs against vehicle importer
KARACHI: A Supreme Court bench comprising Justice Faisal Arab and Justice Khilji Arif Hussain on Wednesday granted a leave to appeal filed by Collector Customs, Appraisement, West against an order passed by a division bench of High Court of Sindh upholding an order passed by Special Customs’ Appellate Tribunal in favor of one Muhammad Shafique who imported a vehicle.
According to details, importer brought in a vehicle having eight doors and filed a GD (Goods Declaration) mentioning 100 per cent custom duty under PCT Heading 87.03. The Customs Appraisement accepting the GD released the vehicle as per GD. The importer after a lapse of 11 month filed a case for refund maintaining that vehicle fells within PCT Heading 87.02 which attracts zero per cent duty. The refund money claimed was Rupees 5,202900.
The Collector of Appeals dismissed the plea for refund and decided the case in favor of the department against which the petition filed an appeal before the Special Customs Appellate Tribunal. The bench allowed the appeal filed by importer M.Shafique. Pakistan Customs filed the Special Customs Reference Application against the order of the tribunal. The SHC bench dismissed the appeal against which instant CPLA was filed.
Raja Muhammad Iqbal assisted by Sardar Zafar Hussain appearing for the appellant Collector Customs submitted initials arguments. The apex court bench after hearing the counsel for appellant granted the CPLA 196-K of 2016 observing that law points raised by the appellant side needs consideration.