LAHORE: Customs Appellate Tribunal has ordered to release Toyota Vigo to its legal owner unconditionally. The tribunal issued ONO in appeal filed by M/s Uch Power Private Limited against Additional Collector (Adjudication) Multan and others.
Omer Arshed Hakeem, member judicial bench-II heard the case in detail and passed the judgment with remarks that after following the law settled by the apex court, there is no poison in fangs of impugned charges. The constrained benefit of doubt in favor of appellant and impugned order is quashed.
According to the details of case, the staff of Intelligence and Investigation-FBR intercepted a Toyota Hilux (Vigo). On demand, the drive failed to produce documents regarding lawful import of vehicle. The same was detained under Section 2 (kk) of Customs Act 1969.
The vehicle was shifted to Excise & Taxation (Motor Registration Authority) department for forensic investigations after getting results show cause notice was issued to the appellant and order in original was passed by the adjudication authority that show cause notice stand established and seized vehicle seized out rightly.
Being aggrieved with the order, appeal was filed before the Customs Appellate Tribunal on the grounds that Order-in-Original passed without merit and same is liable to set aside but respondent denied. The same appeal was rejected by the tribunal with remarks that appellant failed to produce legal documents of vehicle.
Not satisfied, appellant filed the case before the Lahore High Court (LHC). LHC was set aside the impugned judgment and remanded back the case to the tribunal for decision afresh after giving opportunities of arguments from both parties.
The same case was heard by the Customs Appellate Tribunal again and passed the judgment that appellant proved that vehicle is legally imported and vehicle to be release appellant unconditionally.
