ISLAMABAD: The Customs Appellate Tribunal Chairman Justice (r) Manzoor Hussain heard a plenty of cases during third week of September and disposed of a couple of cases.
A single bench of the CAT comprising chairman heard the cases and decided the cases in favor of appellant, M/s Wahid Hamid and M/s Premier Formica Industries. Appellants had filed these cases against Customs Peshawar.
M/s Wahid Hamid had filed case against Customs Peshawar for auctioning imported items despite the tribunal had announced a decision for release of them.
In the current disposal, the bench announced and directed the department to pay amount to the appellant equal to the amount what it received by auctioning the earlier seized items belonging to the appellant.
Similarly, another case, filed by M/s Premier Formica Industries had also filed a case against department for seizing imported wood goods. Department’s adjudication had maintained the seizure and the appellant then approached the tribunal.
After hearing arguments, the tribunal decided to order the department to release the seized wood goods. Thereby, the tribunal announced another decision against department and declared seizure of wood goods illegal.
Chairman Justice (r) Manzoor Hussain also reserved decision on different customs references filed against Collectorate of Customs Islamabad.
M/s Janjua Life Trust, United Trading Co., M/s Venus Pakistan Private Limited and M/s Smart Zone had filed these cases. The bench reserved decisions on the cases after hearing sides arguments.
M/s Janjua Life Trust had filed two cases and through these cases the trust had challenged Collectorate of Customs, Islamabad.
United Trading Co. and M/s Venus Pakistan Private Limited had also challenged decisions announced by Customs adjudication section.
M/s Smart Zone had filed petition against Directorate General of Intelligence and Investigation, Islamabad. Another petition was filed by additional collector, Islamabad against M/s Ayub Traders.
Meanwhile, the bench also adjourned over a dozen other cases which would be heard in initial weeks of coming month.
Tribunal’s Member Technical, Muhammad Nasir Khan heard the cases filed by M/s Shngai Traders and Deputy Collector Customs, Dry Port, Islamabad. The bench adjourned haring following department’s request. The bench will rehear cases September 27.
Deputy Collector Customs, Dry Port, Islamabad had challenged the decision announced by departmental adjudication in favor of M/s Skyways Constructions Private Limited.
In this case the deputy had prayed the tribunal to decide on alleged short payment on sales tax by the M/S Skyways Constructions Private Limited. The case was built by department’s audit section which found the short payment of Rs 33,244,39 in head of sales tax.
Audit section also reported that company had availed a duty exemption of 15 percent unlawfully as it did not fulfill the criteria laid to award the exemption.
However, despite the findings, the adjudication had dismissed the notice issued to the company following the audit report seeing the exercise in violation of section 32(3A) of Customs Act, 1969-which barred the claim of duty payment after lapse of five years of good imports.
M/s Shngai Traders had filed case against Collectorate of Customs. Through the case the M/s Shngai Traders had challenged departmental decision in which it was found guilty of importing goods (submersible pumps) with false valuation.
Customs authorities had seized these goods at Islamabad dry port and then registered a case with the imposition of fine of Rs 1 million. M/s Shngai Traders had challenged the decision before the tribunal.
