LAHORE: The Customs Appellate Tribunal has set aside an Order-in-Original passed by the adjudication authority, and ordered authority to pass a fresh speaking order in case of the impugned Hino truck.
Muhammad Shabbir Gujjar heard the arguments from both sides and passed the final order that an apportunity of hearing be provided to the appellant to present his viewpoint before the lower forum so the impugned order is set aside and case is remanded back to the adjudication authority to pass the order afresh after the hearing of the appellant as respondent as well.
The Hino 10-wheeler truck was intercepted by the customs staff due to smuggling/ nonpayment of duties. To a query, the driver introduced himself as Muhammad Akhter and failed to produce any documents regarding the lawful import of the vehicle. The same was impounded under the Customs Act-1969.
After a show cause notice, the adjudication authority heard the case and passed the Order-in-Original against the vehicle owner with remarks that no one appeared before the authority on behalf of the appellant.
Being aggrieved from the Order, the appellant challenged the Order-in-Original that on grounds that appellant is lawful owner of vehicle, his registration book is genuine and not duplicate, body is original and his case does not fall within the ambit of said section of the Customs Act-1969. He prayed that the impugned order is liable to be set aside. On the other side, counsel for appellant denied arguments from complainant’s side.
After hearing both parties, Customs Appellate Tribunal has remanded back the case for fresh order.
