LAHORE: Customs Appellate Tribunal has accepted an appeal filed by the Collector of Customs against M/s Ahmed Oriental Textile Mills Limited. The tribunal also dismissed the impugned order passed by the adjudication authority.
According to the details, during the course of audit of DTRE record it was observed that the DTRE approval was granted to the respondent for import of polyester staple fiber falling under PCT heading 5503.2010 for the infrastructure of polyester/ cotton yarn.
The respondent had exported 1,592, 213 lbs polyster cotton yarn. During the course of examination some discrepancies were found that the total approved quantity of 1,579, 500 lbs, instead of 1,592,213 lbs, was supplied to the direct exporters namely M/s Naveena Industries. The customs authorities took action on violations of the prescribed laws and charged Rs 479,062 on the DTRE holder.
Being aggrieved from the order challenged before the Customs Appellate Tribunal on the grounds that impugned order has been issued without the proper appreciation of the facts of these case since the DTRE user and order is liable to set aside. On the other side, the counsel for respondent denied all allegations and appeal for the rejection of appeal.
After hearing the arguments Zulifqar A Kazmi passed the judgment that impugned order is not to be maintainable under the law, dismissed and appeal is allowed.
