SHC dismisses SCRA by Customs in classification dispute case

KARACHI: An appellate bench of High Court of Sindh (SHC) comprising Justice Aqeel Ahmed Abbasi and Justice Abdul Maalik Gaddi dismissed an filed by the Collector Customs through  Additional Collector (Law) against Faco industries.

The SCRA impugns order of the Special Customs Appeallte Tribunal in appeal K785 of 2014 filed by Faco Industries, importer of Cold Rolled Stainless Steel Strips in  Coils (Non Magnetic) Series 01, Prime Quality.

The respondent importer filed the GD under PCT heading 7220. 9090 while department was seeking its clearance under PCT heading 7220. 9010.

The goods during pendency of the controversy, were released provisionally but later the department slapped  redemption fine and personal penalty.

The respondents assailed the imposition of fine and penalty which was remitted by the appellate authority. The department questioned the order and filed the instant SCRA.

The SHC bench perusing the case papers and after hearing  Iqbal Khurram advocate for customs and Ghulam A Khan for respondent/importer held that no case of mis-declaration was made out, therefore there was no justification for imposing  redemption fine or penalty. The bench further noted that there was no evasion of duty or even difference of  duty hence the reference application is devoid of any merit and hence dismissed in limine

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