ISLAMABAD: An appellate bench of Supreme Court of Pakistan (SCP) comprising Justice Mushir Alam and Justice Sajjad Ali Shah dismissed a Civil Petition filed by FACO Trading Karachi against a judgment by High Court of Sindh.
SHC bench in its order dated 18-3-2015 dismissed a writ petition on ground that issue of refund of custom duty recovered in excess was raised earlier in a writ petition 2254 of 2006 and thus cannot be allowed to agitate the same issue again and again.
The bench heard Ghulam Ahmed Khan advocate, the counsel for petitioner who maintained that Goods Declaration was not finalized and custom duty was recovered in excess. He further submitted that he has raised the issue before hierarchy in Customs.
Raja Muhammad Iqbal advocate appearing for the Pakistan Customs informed the bench that when the matter landed before Special Customs Appellate Tribunal, it was withdrawn on ground that it has been agitated in CP 1615 of 2013.
The Supreme Court bench after hearing the sides, held that petitioner has invoked the writ jurisdiction by passing the statutory remedy provided under the Customs Act 1969 and SHC rightly declined to entertain the petition. The bench said that it sees no legal or factual infirmity in the impugned order hence leave to appeal is declined.