LAHORE: The Customs Appellate Tribunal has waived off penalty of Rs 50000 on appellant M/s Pervaiz Umer Enterprise in an appeal filed against Collector of Customs (Adjudication) and other.
Zulifqar A Kazmi, Member Technical, remarked in the final judgement that there is no direct evidence of the appellant’s connivance of fact of mis-declaration in his capacity as customs clearance agent. Therefore, the tribunal found that the act of imposition of penalty of Rs 50 000 on the appellant is uncalled for and unjustified. In view of the fact on the record, it is hereby remitted the said penalty as not found due to impossible.
As per fact of the case, M/s Sapphire Textile (Private) Limited imported Indian raw cotton and sought clearance under GD No. 19740 and claimed the benefits of Sales Tax SRO 1125(I)/2011 for the payment of sales tax @ 2 percent instead of 16 percent.
During the court of audit customs authorities observed that said consignment is liable for the payment of 16 percent sales tax along with income tax and importer were not entitled for the benefits of said SRO also ordered to pay Rs46, 29, 716 along with default surcharge.
After the show cause notice, adjudicating officer order to pay short paid amount and also charged penalty Rs 50, 000 in penalty.
Being aggrieved from the order and challenged the impugned order before Customs Appellate Tribunal on the grounds that impugned order not passed in the judicious manner hear and pass the fresh order.
After hearing the case Customs Appellate Tribunal remit the penalty on the appellant.
