SHC REMANDS BACK APPEALS, SETS ASIDE ORDER OF SCAT

KARACHI: A Customs Appellate bench of High Court of Sindh comprising Justice Shaif Muhammad and Justice Agha Faisal sat aside a judgment passed by Special Customs Appellate Tribunal (SCAT) deciding a number of appeals through a common judgment while appeals involved complicated questions of fact and pertaining to different items/goods.

The bench was hearing a Special Customs Reference Application (SCRA) 06/2020 filed by Director, Directorate of Intelligence & Investigations, Pakistan Customs and connected petition CP/D 5548/2020.

The bench at the outset made certain queries to the counsel for petitioner. Miss Dil Khurram Shaheen advocate appearing for the petitioners conceded that a number of appeals were decided which involved complicated questions of fact and different goods.

The bench said that after this candid statement alone, the impugned order passed by Chairman/Member Judicial of SCAT is liable to be set aside and for remanding the same to Tibunal for deciding the same in accordance with law.

The bench also noted that tribunal reached a conclusion “without assigning any lawful reason”.

The bench later by consent of the parties remanded the appeals to SCAT for “appropriate decision in accordance with law after hearing each appeal independently as required under the law”. The bench with above order disposed of the SCRA as well as connected petition.

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