KARACHI: The Collectorate of Customs Adjudication-I has issued Order-in-Original against the importer M/s Oasis Traders and clearing agents M/s M S Haider for their involvement in mis-declaration of weight capacity, evasion of duty and taxes amounting to Rs 7.1 million.
In the ONO issued by the Collector Customs Adjudication-I Abdul Basit Chaudhry, it is stated: “I have examined the case record and considered written, verbal arguments of the respondents and the department. The respondents failed to provide any catalogue of the seized goods or any other material to prove their stance”.
In the order, the collector further stated that in the absence of any evidence to the contrary, the report of the office of the Controller weights and measures, Sindh at Karachi issued vide letter No AC(W&M) SPL-CTX/2016 dated 03-02-2016 is found to be authentic and reliable.
However, the goods have been mis-declared intentionally and mens rea stands established without any doubt. Accordingly, the charges for violation of Section 32(1), 32(2) read with Section 25A and 79 of the Customs Act, 1969, read with Sections 3, 4, 6, 7A, 33 and 34 of the Sales Tax Act, 1990, further read with the Sections 148 of the Income Tax Ordinance, 2001 as leveled in the show cause notice stand established.
However, an option under Section 181 of the Customs Act, 1969 is given to the respondents to redeem the confiscated goods on the payment of 35per cent redemption fine amounting to Rs 9217702 of the value of offending goods as determined by the department, in addition to payment of duty and taxes chargeable thereon.
Therefore, the Collector Abdul Basit Chaudhry had imposed a total penalty of Rs700000 and fine of Rs500000 on the importer M/s Oasis Traders and Rs200000 on clearing agent M/s M S Haider & Sons.
It is pertinent to mention here that the case was constituted by the Directorate General of Intelligence and Investigation-FBR Enforcement-Karachi.
