KARACHI: Hearing a Special Customs Reference Application (SCRA) filed by Directorate of Intelligence & Investigations, custom appellate bench of High Court of Sindh suspended the operation of order passed by the Tribunal while ordering issuance of notices to the respondents. Khalid Mehmood Rajpar Advocate represented the applicant department.
As per details Messers Green Power imported a consignment of Flaker Machines and showed its origin from China. The goods passed through red channel after 100 per cent physical examination and were out of charge when the DIT placed a hold. During processing of case it was found that detained machines of Model SF-3 and SF-1 are shipped from Mumbai, India to LLC Dubai and then to China to establish origin from China. However during re-examination, original packing list was found and it came to the fore that the custom officials avoided to report the actual origin.
The imported challenged the detention but lost as in Order in Original, the goods were declared to be imported violating the Import Policy Order which bans any import from India. The Collector of Appeal however set aside the Order in Original and allowed re-export of the consignment subject to realization of foreign exchange involved in RE-EXPORTATION.
This Order was also challenged by the Green Power in appeal before the Custom Appellate Tribunal which ruled in favor of the importer/appellant.
The order of the tribunal was assailed in a SCRA by the department before SHC which after hearing Khalid Mehmoof Rajpar Advocate suspended the order of the tribunal while issuing notices to the respondents for a date to be fixed by the office of the court.