LAHORE: Customs Appellate Tribunal has accepted the appeal filed by the M/s Zahid Jee Textile Mills Limited against Collector, Customs House Multan and others.
Imran Tariq, Member Technical bench-II heard the arguments from both parties and passed the judgement that respondent failed to interpret case so the case has been decided in the favour of appellant.
As per brief facts of case was reported that Assistant Collector, DTRE, MCC Faisalabad are that M/s Zahid Jee Textile Mills Limited was got DTRE approval but the same importer exceed the limits which were allowed and up to the time which were allowed.
The importer was imported Polyster Staple Fiber through violating rules so Rs10323291 in the importer under the available laws.
After the show cause notice adjudication authority heard the case and passed the Order-in-Original (ONO) that M/s Zahid Jee is liable to pay taxes and duties laved on him and also pay Rs 50000 in penalty.
Being aggrieved from the order, appellant filed the case before the Customs Appellate Tribunal on the grounds that the utilization period of DTRE is not violated and the quantity also not exceeded from the given limits.
Adding more the impugned order not passed according to the facts of case so the order is liable to set aside.
On the other side, the responded department denied all allegations and appeal for the rejection of case. After hearing the arguments from both sides, Customs Appellate Tribunal has set aside the order-in-original and accepted the appeal with remarks that respondent has failed to defend the allegations.
