KARACHI: Collector, Collectorate of Customs Adjudication-II Ch Muhammad Javaid has issued an Order-in-Original (ONO) against M/s Yousuf & Co asking the importer to deposit the evaded Rs 4,568,808 duties/taxes. Moreover, the collector has also imposed a penalty of Rs 1 million on the importer.
In the ONO, the Collector stated the Directorate/Collectorate may proceed to recover the default surcharges strictly in accordance with law, if applicable.
It has been informed by the Directorate of Post Clearance Audit that during scrutiny of import data of M/s Yousuf & Co had imported goods declared to be broken and damaged Computer Crt Circuit Boards and Damaged LCD Junk, Used Computer Parts Keyboard and Mouse, Used CRT Picture Tube, Computer system, Bare Bone without RAM and Hard drive and Fuse Crt through MCC Appraisement East and got their goods released with benefits of SRO 549(I)/2008 dated 11.6.2008.
And whereas the Directorate of Post Clearance Audit issued an audit observation to M/s Yousuf & Co for explaining and clarifying as to on what basis concessions were availed by then even when the imported items are not covered under the claimed SRO 549(I)/2008 dated 11.6.2008 neither by description nor by PCT heading at the time of subject imports. Thus legally, ineligible for concessions accorded vide SRO 549(I)/2008 dated 11.6.2008 read with 230(I)/2011 dated 15.3.2011.
In view of aforesaid M/s Yousuf & Co are held to have intentionally and willfully caused loss to the government exchequer amounting to Rs 4,568,808 by illegally availing the benefits of SRO 549(I)/2008 dated 11.6.2008.
Accordingly, M/s Yousuf & Co was called upon to show-cause notice as to why the evaded amount of duty and taxes to the tune of Rs 4,568,808 may not be recovered from then and penal action under Clauses 1, 14 of Section 156(I) of the Customs Act, 1969 may not be taken against them. Accordingly, a show-cause notice was issued to the respondent on their address provided by the detecting agency.
The hearings in this case were fixed on 21-9-2016, 3-10-2016 and 13-10-2016 but neither any one appeared to attend the hearing nor was any written reply received from the respondent. The hearing notices dispatched at the given address were received back undelivered. The hearing notices were also affixed on the notice board in terms of Section 215 of the Customs Act, 1969 but even then no one turned up. In the light of above discussions, the charges leveled in the show-cause notice stand established.
M/s Yousuf & Co are directed to pay Rs 4,568,808. Besides, a penalty of Rs 1 million is imposed on the importer. The Directorate/Collectorate may proceed to recover the default surcharges strictly in accordance with law, if applicable.
