Case ID |
ecc4635c-376a-4b74-a2d8-d30daa610742 |
Body |
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Case Number |
Special Customs Reference Application No.136 of 20 |
Decision Date |
Mar 27, 2023 |
Hearing Date |
Mar 27, 2023 |
Decision |
The High Court dismissed the Special Customs Reference Application filed by the applicant, OBS PAKISTAN (PVT.) LTD., stating that the questions raised were based on factual matters rather than legal issues. The Court found that the Customs Appellate Tribunal had correctly determined the classification of the imported goods, which were not entitled to the claimed customs duty exemption. The Tribunal's decision was upheld, emphasizing that the jurisdiction of the High Court does not extend to re-evaluating factual determinations made by the Tribunal. |
Summary |
This case revolves around the interpretation of the Customs Act, 1969, with a focus on the classification of imported goods and the applicability of customs duty exemptions under the Pak-China Free Trade Agreement (FTA). The applicant, OBS PAKISTAN (PVT.) LTD., sought exemption for 'Methyldopa USP 34' under a specific notification but faced denial from the customs authorities, which argued that the exemption was applicable to a different commodity, 'Alanine'. The case highlights the importance of accurate classification in customs regulations and the limits of judicial review concerning factual determinations made by administrative bodies. The High Court ultimately upheld the Tribunal's findings, which clarified the legal boundaries for claiming exemptions under customs law, emphasizing the necessity for importers to substantiate their claims with appropriate evidence and legal basis. The decision reinforces the principle that the jurisdiction of the High Court is limited to questions of law and does not extend to reappraising facts already adjudicated by the Tribunal. |
Court |
Sindh High Court
|
Entities Involved |
OBS PAKISTAN (PVT.) LTD.,
CUSTOMS APPELLATE TRIBUNAL
|
Judges |
Muhammad Shafi Siddiqui,
Agha Faisal
|
Lawyers |
Pervez Iqbal Kasi,
Khalid Mehmood Siddiqui
|
Petitioners |
Messrs OBS PAKISTAN (PVT.) LTD.
|
Respondents |
another,
The CUSTOMS APPELLATE TRIBUNAL
|
Citations |
2023 SLD 2042,
2023 PTD 908
|
Other Citations |
Not available
|
Laws Involved |
Customs Act, 1969
|
Sections |
32,
32A,
80,
196
|