LAHORE: Customs Appellate Tribunal on Monday upheld the impugned order and waived off penalty in seized vehicle with Iran origin smuggled oil case filed by Abdul Razzaq, a resident of Jackobad against Additional Director, Intelligence and Investigation-FBR, Range office Multan and others.
Muhammad Sadiq, member technical bench-II heard the parties and passed the judgment that there is no need to interfere in impugned order and penalty imposed on appellant is annulled.
As per details of the case, on information, Customs team intercepted a bus being used for transportation of Iranian diesel. The quantity of diesel was 8650 liters in 250 plastic cans. On demand, driver of the vehicle failed to produce legal documents regarding lawful importer of diesel and same was seized.
After show cause notice, Adjudication proceeding culminated and order-in-original passed with remarks that smuggled diesel is confiscated out-rightly and the bus used for transportation of HSD also confiscated till the time owner did not prove the ownership of bus and if owner proved the legal ownership of bus then vehicle to be released on payment of 20 percent redemption fine.
Not satisfied with the order, an appeal was filed before the Collector of Customs (Appeals) who passed the modified order and reduced penalty from Rs200,000 to Rs100,000.
Being aggrieved with the order, appellant filed the case before the Customs Appellate Tribunal on the grounds that order was passed beyond the law, so the tribunal may hear the case in detail and pass a fresh speaking order.
The appeal was accepted for hearing before the Customs Appellate Tribunal and after the complete hearing, Customs Appellate Tribunal disposed of the case with order to waive off penalty and upheld impugned order.
