KARACHI: The Customs Appellate Tribunal, Bench-III has dismissed the appeal filed by the appellants i.e. Deputy Collector of Customs, Model Collectorate of Customs (Exports) against the Order-in-Original (ONO) No.26 issued by Collector (Adjudication) against M/s Cresox (Pvt) Limited.
According to the details, the Customs Appellate Tribunal directed the authorities concerned of MCC-Exports to renew the license of the respondents upon receipt of their application subject to furnishing of the securities as required under the rules.
“The appellants are further directed to introduce a proper monitoring system as per Rule 10(2) read with Appendix-V of the Rules and if that brings out any procedural mistake or a bonafide error in the operation of Export Oriented Unit (EOU) Scheme by the exporters, they may be educated and facilitated by providing them timely advice for necessary rectification in the light of the requirements of the Rules. The appeal stands dismissed”.
Earlier, a contravention report was forwarded by MCC-Exports to the Collectorate of Customs (Adjudication-II) against M/s Cresox (Pvt) Limited for the alleged violation of clauses (f), (i) and (j) of sub-rule (1) of the rule 3 of SRO 327(I)/2008 read with condition (2) of the license requiring recovery of duty and taxes amounting to Rs29,575,859 under section 32(3A) of Customs Act, 1969 besides penal action against the licensee under clause (10A) and 14 of Section 156(1) of the Customs Act, 1969 for getting import clearances in excess of face value of license.
Consequently, a show cause notice was issued to Respondent i.e. M/s Cresox (Pvt) Limited for recovery of duty/taxes and imposition of penalty under the provisions of law.
Later, the case of adjudicated vide Order-in-Original No.26, wherein the learned Collector (Adjudication) held that no evasion of duty/taxes has taken place as the same were duly secured against the Post Dated Cheques (PDCs) and the licensee was not alleged for illegal removal of imported goods from the licensed premises.
The violation of importing goods in excess of permissible monetary ceiling may be regularized against imminent submission of additional insurance guarantee (policy) and show-cause notice has been disposed of against imposition of penalty of Rs25000 upon the licensee.
Being aggrieved, the appellants i.e. MCC-Exports filed this appeal challenging the order of the Collector (Adjudication). However; the Customs Appellate Tribunal dismissed the appeal filed by MCC-Exports against Collectorate of Customs Adjudication.
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