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Customs Appellate Tribunal set aside ONO in seized container case

Customs Appellate Tribunal set aside ONO in seized container case

LAHORE: The Customs Appellate Tribunal has remanded back an appeal in impounded container case. The appeal was filed by Deputy Director, Directorate of Intelligence and Investigation-FBR, Faisalabad against Hameed Sahib.

Muhammad Shabbir Gujjar, Member Judicial Bench-II, examined the record and 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 adjudication authority with the order to hear the case again and pass the fresh speaking order within 45 days.

According to the details, a container loaded with foreign origin/ local goods was taken into possession by the customs staff. On demand, driver failed to produce documents regarding the lawful import of vehicle and same was impounded under the section 17 of Customs Act-1969.

The show cause notice was issued, adjudication proceedings were culminated, department and the owner of vehicle argued in their favour. After hearing the stance of both parties, Order-in-Original (ONO) was passed in favor of the owner of container.

Being aggrieved from the order, appellant filed the appeal before the Customs Appellate Tribunal on the grounds that the Order-in-Original was passed in a mechanical fashion and without the consideration of law. Therefore the impugned order is liable to be set aside. On the other side, respondent department denied all the allegations.

After hearing arguments from both sides, Customs Appellate Tribunal has set aside the impugned order, passed by the adjudication authority, and remanded back appeal for hearing and examined the record which they could produce.