KARACHI: A Customs Appellate Bench of the Sindh High Court (SHC) suspended the order passed by the Customs Appellate Tribunal and issued notices to the respondents. Khalid Mehmood Rajpar Advocate represented the customs department.
According to the details, M/s Green Power imported a consignment of Flaker Machines and showed its origin from China. The goods passed through Red Channel after 100 percent 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 process, 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, (OnO) 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.
