KARACHI: Hearing a Special Custom Reference Application 214 of 2022, filed by Telenor Private Limited, a custom appellate bench of High Court of Sindh (SHC) comprising Justice Muhammad Junaid Ghaffar and Justice Muhammad Abdur Rehman remanded the matter back to the Custom Appellate Tribunal for fresh decision.
The bench earlier heard counsel from renowned law firm Franklin Law Associates who submitted that issue in essence was of difference in PCT Heading but the customs treated it as a case of mis-declaration and by passing an Order in Original dated 02.09.2016 holding the allegations leveled in Show Cause Notice.
The Order in Original was challenged by the applicant before the Tribunal which also upheld the said saying that no cogent reason is found to interfere with the impugned order.
The counsel from Franklin Law Associates submitted that it is evident from the judgment that Tribunal has not given any reason or independent finding.
Khalil Dogar Advocate appearing for the respondent department when confronted said that matter can be referred back to the tribunal for a fresh order.
The bench after hearing both the sides remanded back the matter to the Customs Appellate Tribunal to decide the appeal afresh in accordance with law after affording proper opportunity of hearing to all concerned.