SHC remands back appeal to President

KARACHI: A division bench of High Court of Sindh comprising Justice Muhammad Ali Mazhar and Justice Abdul Malik Gaddi remanded an appeal against order of the Federal Tax Ombudsman to President of Pakistan.

The bench earlier heard a petition filed by one Shehzad Nisar who took part in a Custom’s auction and paid rupees 2 million as earnest money (bid money) for hair color. The respondents including chairman FBR, Collector Customs, appraisement and Deputy Collector Customs. The Customs delayed the issuance of payment sheet and later a controversy raged. The Customs forfeited the earnest money against which litigation continued. The controversy went into the form an appeal before the final appellate forum i.e President of Pakistan.  The appeal by the FTO was allowed and  forfeiture of the earnest money was held good at which instant constitution petition was filed before the SHC.

Shakeel Ahmed advocate appearing for the petitioner/appellant submitted that order was passed by a Section Officer of the Presidency and such order was not a speaking order. The officer failed to apply his mind to the ingredients of the controversy.

The bench after hearing the sides set aside the order passed by President of Pakistan and remanded the appeal to the SO concerned at Presidency with the direction to consider each and every aspect of the controversy, facts, circumstances and pass a speaking order. The officer deciding the appeal was also directed to inform the bench of such order passed within 45 days so that the issue of release of earnest money to the petitioner be decided.

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