LAHORE: The Customs Appellate Tribunal Lahore dismissed the appeals of importers involved in the duty and tax evasion of betel leaves import.
As per details, Waseem Enterprises Lahore, Nasir Brothers, Ramish International Lahore, Inyat and Co Lahore, Askari Clearing Agency, Hakim International, Al-Shams International, Rana Traders, HK Traders, Syed Khalil, Aqeel Enterprises, Mehmood Enterprises and AS International directed appeals against the Order-in-Original (ONO) No 91/2013, ONO No 29/13, ONO No 44/13, ONO No 24/13 and ONO No 26/ 13 passed by Collector Customs (Appeals) Imran Tariq.
Tribunal Chairman Chaudhry Tariq decided that all appellants (except Askari Logistic Customs Clearing Agency) committed fiscal fraud during the period 2009-2012. The tribunal said, “The impugned order is unexceptional and does not suffer from any illegality or infirmity.”
The case was initiated after Assistant Collector of Customs Air Freight Unit Allama Iqbal International Airport Lahore informed that duties/taxes were being fraudulently evaded on clearance of imported fresh betel leaves through AFU Lahore.
An audit team was formed to find out the irregularities underneath evasion of duties and taxes on goods declaration filed at AFU during 2009-2012.
The team revealed that the clearing agents concerned have not deposited the GDs and other import documents with MCD section after obtaining clearance of fresh betel leaves.
Customs issued notices to the importers to provide the GDs and in response 64 of 73 importers submitted the GDs. However, 43 GDs of 64 were found fabricated. The department found that leviable amount of duty and taxes used to be shown deposited in the bank on the face of GD, but in fact no amount at all or very meager amount was deposited.
Resultantly, the department found that Rs 16.3 million of duty/taxes were evaded. After that show cause notices were issued to Rana Traders, Ramish International, Inayat and Co Lahore, Al-Shams International and Waseem Enterprises. But the accused did not submit the reply of the notices.
The collector’s appeal said. “The case cannot be kept pending for indefinite period, therefore, I am constrained to decide the case on the basis of available record and on merit.”
In ONO Nos 91/13, 29/13, 26/13 and 24/13 the Collector Customs (Appeals) Imran Tariq issued the order and put the penalties on evaders.
The order read, “A liability of evaded amount of duty/taxes of Rs 15090499 was adjudged against Mansoor and Co Pan Mandi, Askari Clearing Agency and Askari Logistics Customs clearing agency.
A penalty of Rs 5,000,000 each was imposed upon proprietor of Askari Clearing Agency, Proprietor of Askari Logistics.
Similarly, a Rs 1,000,000 penalty was imposed on Basharat Ali and Sohail Ashraf, cashiers of the NBP Allama Iqbal Airport Branch.
The Customs Appellate Tribunal has accepted the appeal of Askari Logistics (customs clearing agency).
