KARACHI: Sindh High Court (SHC) suspended order of Customs Appellate Tribunal while hearing Special Customs Reference Application (SCRA) filed by Collector Custom Port Mohammad Bin Qasim (PMBQ) against M/s Fazal Steel.
The Court also issued notice to the M/s Fazal Steel, Islamabad. Sardar Zafar Hussain Advocate represented the Collectorate.
The controversy pertains to the alleged mis-declaration made by the respondent claiming to be a remeltable furnace which imported 329,820 kilograms goods declared as Iron and Steel Remeltable Scrap in 14 containers.
The customs during examination found that 124830 Kilograms goods are Iron and Steel Rerollable Scrap and Iron and Steel auto parts scrap which according to the examiners were undeclared. The Custom Appellate bench comprising Abdul Jabbar Qureshi, Member Judicial-I, Karachi based judgment on “mens rea” and said as this element is missing the charge of mis-declaration is not made out.
The SHC bench after hearing counsel for the applicant department while ordering issuance of notice of proposed questions of law to the respondent importer, suspending the impugned judgment of custom appellate tribunal adjourned further proceedings to a date to be fixed by the office of the court.
The controversy pertains to the alleged misdeclaration made by the respondent claiming to be a remeltable furnace which imported 329,820 kilograms goods declared as Iron and Steel Remeltable Scrap in 14 containers.
The customs during examination found that 124830 Kilograms goods are Iron and Steel Rerollable Scrap and Iron and Steel auto parts scrap which according to the examiners were undeclared. The Custom Appellate bench comprising Mr Abdul Jabbar Qureshi, Member Judicial-I, Karachi based judgment on “mens rea” and said as this element is missing the charge of mis-declaration is not made out.
The SHC bench after hearing counsel for the applicant department while ordering issuance of notice of proposed questions of law to the respondent importer, suspending the impugned judgment of custom appellate tribunal adjourned further proceedings to a date to be fixed by the office of the court.
