LAHORE: The Customs Appellate Tribunal has remanded back the appeal filed by M/s Awais & Shoaib Associates Private Limited against directorate of Customs, Post Clearance Audit (PCA) Lahore and Collector of Customs Adjudication.
Omer Arshed Hakeem, Member Judicial bench-II heard the arguments in details and decided the case with remarks that there is no other option to set aside the impugned order and remanded back appeal to the collector of customs (Adjudication) with direction to pass a fresh speaking order strictly in accordance with law, after providing opportunities of hearing to both parties and reviving evidence which they may like to produce.
As per the history of case, the importer M/s Awais & Shoaib Associates Private Limited imported two consignments of bush water cooled air handing units, ceiling concealed type fan coal unit cassette type coiling air conditions indoor units under wrong PCT heading and short pay duties and taxes. After examination of case, the customs authorities charged Rs 33, 49, 922 on violation of section 32 (1) of Customs Act 1969.
After show cause notice, the Adjudication proceeding were culminated and Order-in-Original passed that appellant pay the duties and taxes charged by the department with Rs 5, 00, 000 fine.
Being aggrieved from the order and appeal was filed against ONO with grounds that there are lot of question marks on the order, passed in mechanical fashion without appreciation of relevant laws and is liable to set aside, but respondent denied. After complete hearing of appeal Customs Appellate Tribunal set aside impugned order and remanded back appeal.
