LAHORE: The Customs Appellate Tribunal has accepted an appeal filed by the Deputy Collector, Customs Anti-Smuggling Organization (ASO), Model Customs Collectorate Faisalabad, against respondents Muhammad Atif Zaman, Uni Trade Impex, Ijaz Hussain and Additional Collector Customs (Adjudication) Dry Port Trust Faisalabad.
On the conclusion, Imran Tariq, Member Technical, declared that appellants’ contention that the tea was imported in paper sacks and recovered in polythene bags does not hold ground as the consignment of this tea was imported in paper sacks as per commercial invoice and it is possible for the paper bags to torn and transported in PP bags. This aspect of packing material in this case is not crucial which the respondent could not prove and converted.
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According to a precise fact of the case, in pursuance of an information, additional collector, cusotms, MCC Faisalabad, said that a quantity of smuggled Indian black tea is being transported from Karachi to Faisalabad. The raiding party, consisting of the staff of customs’ Anti-Smuggling Orginization (ASO), intercepted a truck loaded with container containing Indian tea of 380 bags weighed 27350 kilograms.
On demand, the driver produced only bilty and failed to produce any legal document showing lawful import of tea. The smuggled goods loaded in vehicle were seized under the Section 168 and 157 of Customs Act-1969.
After the seizure, adjudicating authority passed the order-in-original that goods with vehicle released conditionally. The respondent department, not satisfied with the order-in-original, challenged the order before the customs appellate tribunal on the grounds that both consigner and consignee are not registered under the Sales Tax Act-1990 or Income Tax Ordinance -2001. Both consigner and consignee have not carried out lawful transaction of goods.
On the other side, the representative of the recipient consigner of goods argued in favor of party. After hearing of the case, Customs Appellate Tribunal accepts the appeal filed by the ASO.
