ISLAMABAD: A single bench of the Customs Appellate Tribunal (APT), comprising of Member Technical, Muhammad Nasir Khan reserved decision of a customs reference filed by M/s Shanghai Traders and adjourned the hearing of another case submitted by deputy collector customs, dry port, Islamabad.
After completing the hearing of the case filed by M/s Shanghai Traders, which had filed case against Model Collectorate of Customs- the bench, reserved the decision.
Through the case the M/s Shanghai Traders had challenged departmental decision in which it was found guilty of importing goods (submersible pumps) with false valuation.
Customs authorities had seized these goods at Islamabad dry port and then registered a case with the imposition of Rs1 million fine. M/s Shanghai Traders had challenged the decision before the tribunal.
Meanwhile, the bench adjourned hearing of another case. Deputy Collector Customs, Dry Port, Islamabad had filed this case challenging the decision announced by departmental adjudication in favor of M/S Skyways Constructions (Private) Limited.
In this case the deputy had prayed the tribunal to decide on alleged short payment on sales tax by the M/S Skyways Constructions Private Limited. The case was built by department’s audit section which found the short payment of Rs 33,244,39 in head of sales tax.
Audit section also reported that company had availed a duty exemption of 15 percent unlawfully as it did not fulfill the criteria laid to award the exemption.
However, despite the findings, the adjudication had dismissed the notice issued to the company following the audit report seeing the exercise in violation of section 32(3A) of Customs Act, 1969-which barred the claim of duty payment after lapse of five years of good imports.
