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COLLECTOR OF CUSTOMS through Additional Collector of Customs, Karachi vs SAMAD ENTERPRISES S — 2022 PTD 796 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PTD 796 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PTD
Parties
COLLECTOR OF CUSTOMS through Additional Collector of Customs, Karachi vs SAMAD ENTERPRISES S
Subject matter
Tax & Customs
Provisions referred to
S. 32---S; S. 4---M; Sales Tax Act (VII of 1990)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

COLLECTOR OF CUSTOMS through Additional Collector of Customs, Karachi VS SAMAD ENTERPRISES S.32---Sales Tax Act (VII of 1990), S. 4---Mis-declaration---Zero rating---SRO No.1125(I)/2011, dated 31-12-2011---Scope---SRO No.1125(I)/2011, dated 31-12-2011 gave concession to manufacturer, importer, exporter and wholesale dealers of textile, carpets, leather, sports and surgical goods---Department's case was that in view of the facts of the case Appellate Tribunal had erred in law by misreading the effect that the importer was a textile manufacturer within the meaning of SRO No.1125(I)/2011, dated 31-12-2011---Validity---Taxpayer Registration Certificate filed by the department itself disclosed that the principal activity of the importer was manufacturing of plastic products and other activities were import, export or manufacture of other textile NEC---SRO No.1125(I)/2011, dated 31-12-2011 in column (2) provided zero rating for textile and articles thereof excluding some articles---Importer's case did not fall within the excluding components---Registration Certificate was a comprehensive evidence---Since the conditions as required under SRO No.1125(I)/2011, dated 31-12-2011 was fulfilled, no other view could be taken than the one taken by the Appellate Tribunal---Customs Reference Application was dismissed.

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