LAHORE: Customs Appellate Tribunal has ordered the customs to release consignment of pint nuts and refund of recovered duty/taxes along with fine in a case filed by Aamin Khan against collector of Customs Adjudication and Faisalabad Customs Intelligence.
In the final remarks, member judicial bench-II Omer Arshed Hakeem said that the appeal stands accepted in aforementioned terms, resultantly, respondent department has directed to refund the recover duties and taxes as well as the redemption fine to the lawful owners of impugned pine nuts.
Earlier, in pursuant of information, the staff of Intelligence and Investigation- FBR Regional office Multan was intercepted truck loaded with 162 bags of foreign origin unprocessed Chilghoza (Pine nuts). On demand, drive failed to produce any evidence regarding lawful imports of pine nuts. The goods were seized under the relevant law.
A show case notice was issued to the appellant and after the initial proceeding, the officer passed an order-in-original and imposed penalty and ordered to pay leviable duty and taxes along with redemption fine of Rs 100, 000.
The appellant aggrieved from the order-in-original and filed case before the customs appellate tribunal on the grounds that the order-in-original and seized report both are illegal, unlawful and beyond their jurisdiction. The pine nuts not foreign origin, grown in Pakistan, taxes and duties already paid which is imposed on perishable goods.
On the other side, the representative of the customs department denied all alligations, presents departmental proceedings and adjudication decision, he also appeals before the tribunal for the dismissel of the case by the appellant.
After hearing the arguments from both sides, customs appellate tribunal has accepted the appeal and order to release seized pine nuts to its lawful owner without any penalty.
