ABDUL GHAFFAR BHUNDI versus COLLECTOR OF CUSTOMS (APPRAISEMENT), KARACHI
5 223 and First Schedule, PCT Titles 8704 1010 for Customs General Order No. 18 of 2005, dated 22 10 2005 for use on used dumper truck freight, for release of trucks on payment of duty in accordance with item number 8704. Matters relating to refusal of the release of trucks without the approval of the Central Classification Committee CBR to the customs tariff schedule of the Importer, the 1010 CBR of the Importer PCT Schedule as part of the Customs Act, 1969 It will be deemed that, unless it is permitted by itself, the rights granted by law cannot be reduced. Therefore, the conditions contained in the Customs General Order No. 18/2005, which were conditioned to be imported by the construction company registered for the ongoing project with the Pakistan Engineering Council, were ultra-virus of the Customs Act, 1969 and, thus, the respondent. Imported trucks will not be affected by. The benefit of 5% rate of duty on item number 8704 1010 will be available to a dumper truck which has the attributes mentioned in the PCT Schedule Classif. Keeping the goods for the purpose of duty was a financial burden on the importer, which could not be controlled by issuing instructions through the CBR. The judicial duties of the customs officers could not be interfered with. The inspector of each of the imported goods of the department was obliged to physically inspect the goods and to receive a duty of 5 per cent, if the requirements of Item No. 8704 1010 listed in the CEO 18/05 were fulfilled.
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