LAHORE: Customs Appellate Tribunal accepted four appeals filed by different importers against customs department and quashed the order-in-original passed by the adjudication authority.
These appeals were filed by Haji Amin, M/s Muhammad Umer & Company, M/s Hamza Hameed & Company and M/s M Ahmed Impex against Collector of Customs Adjudication Lahore and deputy collector Land Freight Unit (LFU) Wagha Lahore.
Omer Arshed Hakeem, member judicial bench-II heard the arguments from both sides and passed the judgment with remarks that order-in-original passed is beyond the law so the same is set aside.
As per brief facts of the case, all four importers imported potatoes through Wagha border and sought clearance through SRO 573(I)/2014 which allows the exemption for importers from duties and taxes. But during scrutiny of import data, it was revealed that they imported these potatoes by misusing the SRO.
After show cause notice, adjudication proceeding culminated and order-in-original passed with remarks that short paid amount of taxes and duties should be recovered from the importers along with default surcharges and penalty.
Being aggrieved with the order, the appeal was filed before the Customs Appellate Tribunal on the grounds that order-in-original passed in a mechanical fashion without consideration of facts and liable to set aside. On the other side, respondents denied all allegations and appealed to dismiss the case.
After hearing arguments, Customs Appellate Tribunal decided the case with remarks that all four appeals are accepted and ONO is quashed.
