SHC stays recovery notice in respect of 2010 Generator import

KARACHI: The authorities of Pakistan Customs were restrained from effecting a recovery in respect of a generator imported in 2010. The order was passed by a customs appellate bench of High Court of Sindh (SHC) comprising Justice Aqeel Ahmed Abbasi and Justice Mahmood A Khan here on Friday.

The bench earlier heard a petition filed by Orient Energy Private Limited through Franklin Law Associates. The recovery notice was issued under subsection 2 and 3 of the section 202 of the Customs Act 1969.

A counsel for the law firm appearing on behalf of the petitioner company maintained that respondents issued recovery notice disputing the PCT heading. The import was made in the year 2010 and if there is any dispute, the matter should have been referred to the Classification Committee, the counsel said adding that in the absence of any adjudication proceedings or creating any liability in accordance with law, aforesaid amount shown outstanding  against the petitioner towards, duty, taxes and fine is in violation of law.

The bench after hearing the counsel at length ordered issuance of pre-admission notices for 31-3-2020 to the respondents as well as Deputy Attorney General while restraining the respondents from any adverse action in respect of impugned notice till next date of hearing. The bench also sought comments with advance copy to the petitioner side.

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