LAHORE: The Customs Appellate Tribunal has set aside an Order-in-Original in an impounded container loaded with miscellaneous items. The appeal was filed by M/s Pak Shaheen Cargo Service Private Limited against an Additional Collector Customs Adjudication Faisalabad.
Muhammad Shabbir Gujar, Member Judicial Bench-II, heard the arguments from both sides and decided the case with remarks that the impugned order is set aside and the case is remanded back to the Deputy Collector Customs (Adjudication) Faisalabad to hear the parties and decide the case afresh within 45 days.
M/s Elite Enterprises imported a container from the UAE comprising miscellaneous items. At the arrival of the consignment at the Port Qasim Dry Port Karachi, a complete examination of the consignment was conducted and some illegalities were found by the customs team. The customs officers also declared that the importer will be punished according to the bylaws. Adjudication proceedings were culminated in the case and, after considering the facts, order was passed against the importer.
The importer, not being satisfied with the order, filed an appeal before the Collector Customs (Appeals) who also heard the case and decided in favour of the department.
The complainant, being aggrieved from the order, filed an appeal before the Customs Appellate Tribunal with grounds that he imported a consignment according to bylaws and the order, passed by earlier authority, is not according to the realities but the respondent denied all the allegations.
After hearing arguments from both sides, the Customs Appellate Tribunal set aside both orders passed by the lower forums and ordered the hearing of the case again and announce the order afresh.
