KARACHI: Collector, Collectorate of Customs Adjudication-II, Chaudhary Mohammad Javaid has issued an Order-in-Original against M/s Fazal Illahi, Lahore for bringing loss of more than Rs 37.220 million to the national exchequer.
According to the OnO, the Collector stated in view of foregoing position, it becomes evident that the importer has committed the offence of mis-declaration and, therefore, the charges, leveled, in the show cause notice stand established. In exercise of the powers conferred upon me under section 32(1), 32(2) & 32A (1)(c)(d) & 192 of the Customs Act, 1969, the respondents namely importer M/s Fazal Illahi are directed to deposit the duty/taxes amounting to Rs 37.220 million into the government treasury.
The department has stated that requisite duties/taxes have already been deposited which fact may be rechecked and if found correct then no further payment on account of evaded duties and taxes in respect of the GDs mentioned.
Moreover, payment of default surcharge under Section 34 of the Sales Tax Act, 1990, may also be checked and may be recovered as per law, if not paid earlier. However, a penalty of Rs 800,000 is also imposed on M/s Fazal Illahi & Sons in terms of Clause (14) Section 156 (1) of the Customs Act, 1969.
Similarly, the clearing agents in the instant case M/s Kaikobad Pestanjee Kakalia and M/s A & S Enterprises apparently connived with the importer to facilitate his clearances through deliberate mis-declaration and failed to discharge their responsibility to file a true and correct declaration for their client. Therefore, a penalty of Rs 300,000 each is also imposed on the clearing agent namely Kaikobad Pestanjee Kakalia and M/s A&S Enterprises in terms of Clauses 14 and 14A of Section 156(1) of the Customs Act, 1969.
