LAHORE: Customs Appellate Tribunal has remanded back appeal filed by M/s Salman Daud versus Directorate of Intelligence and Investigation-FBR Faisalabad.
Member Technical bench-II Imran Tariq heard the case in details and passed the order that same case has been remanded beck to the adjudication authority for decision after finalizing the main impugned appeal.
According to the details, on the information r staff of FBR intelligence that the Indian origin gray cloths were being imported to Pakistan in the guise of Chinese original cloth using fake documents including bill of lading.
In pursuance of information the senior intelligence officer intercepted a trailer carrying goods Jaranwala Road to Faisalabad. On quarry, the trailer driver identified himself as Noor Muhammad and presented copy of GD number stated that he had loaded the container from Prem Nagar Dry Port Lahore. After the shortage of legal documents the same were brought to directorate under Section 17 of Customs Act 1969.
After the scrutiny and detailed inquiry of overall case, the goods were seized under section 168(1) of Customs Act 1969. Show cause notice were issued and adjudication proceeding were culminated by the authority passed. Order-in-Original that owner of goods may pay the fine equal to 20 percent of Customs Value or Pay Order of Rs 4, 00, 000.
Appellant dis-agree with ONO and challenged the same before the Customs Appellate Tribunal on the grounds that impugned order is passed in mechanical fashion without applying judicious mind and is liable to set aside, on the other side, respondent denied all allegations.
After hearing the arguments from both sides, Customs Appellate Tribunal remanded back the case to adjudication authority.
