LAHORE: The Customs Appellate Tribunal has modified an order in a foreign origin pipe case filed by one Muhammad Kamran Manzoor against the Director, Directorate of Intelligence and Investigation–FBR Lahore.
Omer Arshed Hakeem, Member Judicial Bench-II, heard the parties and announced the order with remarks that the impugned order is modified to the extent that redemption fine imposed by the adjudication office on the impugned confiscated non-notified goods is scaled down to five percent.
After obtaining a search warrant, staff of the Intelligence and Investigation-FBR Lahore raided the godown in the presence of owner and found foreign origin pipes for compressors, measurement tapes, flap discs for polish and filing, cup wire brushes and fillings and welding holders. On demand, driver produced the documents regarding the lawful import of goods impounded under Section 2 (kk) of the Customs Act-1969.
After a show cause notice, adjudication proceeding was concluded by the authority and Order-in-Original was passed that goods were redeemed to the lawful owner against the payment of redemption fine equal to 35 percent of the customs value of goods.
The appellant/owner of goods, being aggrieved from the order, filed the case in the Customs Appellate Tribunal on the grounds that the challenged order was passed in a mechanical fashion and without appreciation of evidence and pleas of the appellant. He further added that the adjudication authority has imposed a heavy fine and taken a harsh decision which is unjustified and unfounded. On the other side, the respondent party has denied the allegations.
After hearing the arguments from both parties, Customs Appellate Tribunal has decided the case and modified the order.
