LAHORE: Customs Appellate Tribunal has accepted the appeal filed by Tariq Mehmood, a resident of Mianwali, against the Collector of Customs (Adjudication) Faisalabad and others.
Member Technical bench-II Imran Tariq heard the case in details and scrutinized the record produced by the parties. The tribunal member decided the case with remarks that this tribunal had not found collusion of the owner of vehicle so the appeal was accepted.
According to the details, a team of Directorate of Intelligence and Investigation-FBR Faisalabad intercepted a trailer. The driver informed that said trailer was loaded with foreign origin cloth.
On demand, driver produce import document showing Nylon mesh net fabrics weighing 10116 kilograms. The said trailer was brought in the Customs Intelligence and Investigation office for further examination under the section 2(kk) of Customs Act 1969.
After the examination of vehicle and loaded cloths the adjudication proceeding were culminated and Order in Original was passed with remarks that goods are confiscate out rightly and also impose penalty of Rs 50,000.
Being aggrieved from the order, appellant filed the appeal before the Customs Appellate Tribunal on the grounds that the importer has already paid the duties and taxes as per the laws, Order in Original passed in mechanical fashion and without the appreciation of laws.
Adding more that the seizure of imported goods by the detecting agency and its outright confiscation by the seizing agency is unwarranted, unjustified and unlawful and said ONO is liable to set aside. On the other side, the respondent department denied all allegations.
After hearing the arguments Customs Appellate Tribunal has accepted the appeal of importer.
