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SHC orders release of consignment on payment of duty, 35 per cent fine

SHC orders release of consignment on payment of duty, 35 per cent fine

KARACHI: Sindh High Court (SHC) following rule of consistency ordered release of a consignment of steel sheets imported by a plaintiff Mughal Steel.

Earlier Muhammad Vawda advocate representing plaintiff relied on an interim order passed by another single judge in an identical suit filed by Wasif Steel Industries and sought release of consignment on payment of customs duty, penalty, fine and other payables.

Zafar Hussain advocate, counsel for Pakistan Customs submitted that department has no objection to the proposed interim arrangement.

The bench after this statement allowed the application ordering release of the consignment as per terms detailed in the judgment by the other bench.

Supreme Court declines leave to appeal to FACO Trading by ASHFAQ UR REHMANAUGUST 7, 2017JUDGMENT, TOP STORIES ISLAMABAD: An appellate bench of Supreme Court of Pakistan (SCP) comprising Justice Mushir Alam and Justice Sajjad Ali Shah dismissed a Civil Petition filed by FACO Trading Karachi against a judgment by High Court of Sindh.

SHC bench in its order dated 18-3-2015 dismissed a writ petition on ground that issue of refund of custom duty recovered in excess was raised  earlier in a writ petition 2254 of 2006 and thus cannot be allowed to agitate the same issue again and again.

The bench heard Ghulam Ahmed Khan advocate, the counsel for petitioner who maintained that Goods Declaration was not finalized and custom duty was recovered in excess. He further submitted that he has raised the issue before hierarchy in Customs.

Raja Muhammad Iqbal advocate appearing for the Pakistan Customs informed the bench that when the matter landed before Special Customs Appellate Tribunal, it was withdrawn on ground that it has been agitated in CP 1615 of 2013.

The Supreme Court bench after hearing the sides, held that petitioner has invoked the writ jurisdiction by passing the statutory remedy provided under the Customs Act 1969 and SHC rightly declined to entertain the petition. The bench said that it sees no legal or factual infirmity in the impugned order hence leave to appeal is declined.