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OBS PAKISTAN (PVT.) LTD. vs The CUSTOMS APPELLATE TRIBUNAL Ss — 2023 PTD 908 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PTD 908 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
PTD
Parties
OBS PAKISTAN (PVT.) LTD. vs The CUSTOMS APPELLATE TRIBUNAL Ss

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

OBS PAKISTAN (PVT.) LTD. VS The CUSTOMS APPELLATE TRIBUNAL Ss. 32, 32-a, 80 & 196---Pak-China Free Trade agreement (FTa) notified vide SRO 659(I)/2007 dated 30-06-2007---Reference---Imported goods, classification of---Question of facts---Scope---Importer/applicant declared the imported goods as 'Methyldopa USP 34' and claimed exemption of customs duty under S. No. 1083 of Table-1 to SRO 659(I)/2007 dated 30.06.2007 ('the Notification')---Department issued Show Cause Notice against the importer contending that the exemption of customs duty was available to some other commodity " alanine" thus disentitling the importer for exemption under 'the Notification'---Importer /applicant filed Customs Reference impugning the Order-in-Original and Order-in-appeal passed against him contending his version as a question of law---Held, that Serial Nos. 1082 and 1083 at the Notification disclosed description of the goods as "alanine" ---Jurisdiction of the High Court could not be invoked for reappraisal of the facts as to the classification of goods imported by the applicant---Tribunal had determined the concerned question(s) of facts, which had attained finality---Questions raised by the Importer /applicant in the Reference were not based on law but on facts---No interference by the High Court made out against the order and judgment passed by the Customs appellate Tribunal---Reference application was dismissed, in circumstances.

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