LAHORE: The Customs Appellate Tribunal has accepted an appeal filed by one Tanveer Hussain, a resident of Faisalabad, against the Additional Collector of Customs (Adjudication) and Superintendent Customs ASO, MCC Faisalabad.
A case was filed against the customs department’s actions against the appellant. As per department’s action, Staff of the Customs ASO Faisalabad recovered two foreign origin used diesel generators and one alternator which were to be installed at the poultry farm. On demand, owner of the generators could not produce any documentary proof for the legal import of said goods.
Therefore goods were taken into possession. Tanveer Hussain appeared before the investigation officer and claimed the ownership of seized generators. After a primary investigation, goods were confiscated under Section 16 and 18 of the Customs Act-1969.
After the show cause notice, adjudication proceedings culminated and Order-In-Original was passed that the case of the department stands established and goods are ordered for outright confiscation in favor of the government.
Being aggrieved from the ONO, the appellant filed a case before the Customs Appellate Tribunal on the grounds that the actual capacity of the generators has not been determined by the expert. The ONO was passed without judicious mind was applied therefore the case is liable to be set aside.
On the other side, counsel for the respondent denied all the allegations and requested for the rejection of the appeal.
After hearing the arguments from both sides, Omer Arshed Hakeem, Member Judicial Bench-II, accepted the appeal and the impugned proceeding was quashed. The tribunal also announced that goods were impounded without legal authority.
