LAHORE: Customs Appellate Tribunal has remanded back the case of Muhammad Asim, a resident of Faisalabad against the Director Intelligence and Investigation, FBR and Collector Customs (Adjudication) Dry Port Faisalabad.
Omer Arshed Hakeem, Member Judicial heard the arguments from both sides and passed the judgment with remarks that its matter of administrative nature and does not pertain to this tribunal and fall within the purview of the executive Collectorate. The case is remanded back to the Collecorate of Adjudication for sending it to the Collectorate of Customs for taking appropriate action accordance with the law.
According to the brief facts of case as reported by the Superintendent of Intelligence and Investigation-FBR Faisalabad are that in pursuance of specific information that 9524 cartons of different items were smuggled. The imported goods attracting taxes and duties amounting Rs24,38,668.
After the complete examination of goods adjudication proceeding culminated and passed the order-in-original that charge on the appellant is established and Rs 500,000 imposed as penalty.
Being aggrieved from the order and appeal file before the Customs Appellate Tribunal on the grounds that impugned order passed in mechanical fashion without application of mind judicially and independently while deciding the issued agitated by the appellant, therefore, the impugned Order-in-Original is liable to set aside.
On the other side, the counsel for the respondent denied all allegations and appeal for the rejection of complainant.
After hearing the arguments from both sides, Customs Appellate Tribunal has remanded back the case to the adjudication authority for the hearing and fresh speaking order.
