ISLAMABAD: The Federal Tax Ombudsman (FTO) has dismissed a complaint filed against Deputy Collector Customs (Adjudication) alleging him for being involved in unlawful decision.
M/s Al-Hmara Trading Company had filed the petition praying for disciplinary action against Deputy Collector Customs, Muhammad Ashfaq. Ashfaq had decided to confiscate imported sulphur clay and sulphur powder of Rs 3,137,130-involving duty evasion of Rs 577,602- as the importer had misdeclared the value as Rs 1,042633 per unit.
Later on, the Collector of Customs (Appeals) set aside the decision made by Deputy Collector of Customs (Ashfaq). Collector of Customs (Appeals) accepted company’s claims on value of sulphur clay and sulphur powder, thereby had allowed the company to take confiscated items back.
However, the FTO also dismissed petitioner’s claim about taking disciplinary action against Deputy Collector Customs stating that, “his (Deputy Collector Customs) acts were bonafide and lawful which are duly protected under Sections 216 and 217 of the Customs Acts.”
It further stated that legal position and facts in the case reflected that the officer mentioned had not been involved in actions which were malafide, vendetta, hostility or violation of importers rights.
“In such view of the facts and legal position, no case of maladministration is made out against the deputy collector who, being quasi-judicial officer, acted in accordance with law”, FTO decision stated.
