LAHORE: Customs Appellate Tribunal set aside Order-in-Original issued by Customs Adjudication on an appeal filed by M/s Shengshan Resource Private Limited. The appeal was filed by Deputy Director, Post Clearance Audit (PCA).
Muhammad Sadiq, member technical bench-II, heard the arguments submitted by the appellant and respondent and decided the case with arguments that impugned order is set aside and ordered the customs department to collect duties and taxes evaded by the importer who mis-declared the goods.
As per brief facts of case, Directorate Post Clearance Audit (PCA) detected that M/s Shengshan Resource Private Limited imported steel, plastic bales for packing cotton lint and steel bars for packing cotton and got cleared these goods, availing the benefits of SRO and getting exempted duties and taxes.
During the scrutiny, it was observed that imported goods attracted customs duty @ 20 percent, sales tax @ 17 percent and income tax @ 5 percent and also charged Rs1,564,408 in customs duty Rs5,267,697 in sales tax and Rs1,812,707 under the head of income tax.
The adjudication proceeding culminated and order-in-original passed with remarks that after reading all the evidence produced by the importer it is concluded that charge levelled by the customs department was not established and show-cause notice being devoid of merit towards establishing the alleged mis-declaration and the consequent loss of government revenues.
Being aggrieved with the order, an appeal was filed before the Customs Appellate Tribunal on the grounds that order-in-original issued against the laws. Customs tribunal heard the case in detail and passed the fresh speaking order but the respondent denied allegations.
After hearing arguments Customs Appellate Tribunal set aside the ONO and ordered to recover all taxes and duties from the importer.
