ISLAMABAD: M/s Ericson Private Limited and M/s Warid Telecom has filed an appeal against the Order-in-Original (ONO) issued by Customs Adjudication collector before the Customs Appellate Tribunal and pleaded that the there is no violation of law, and the demand of the duty and taxes on not cleared goods is illegal and not in practice.
The companines stated that not a single case cited to prove demand and payment of duty and taxes where GD was not filed, for seeking clearance of goods; therefore, penalty imposed is unwarranted and uncalled for in the circumstances of the case, also very harsh.
M/s Ericcson (Pvt) Ltd and M/s Warid Telecom has prayed the Customs Appellate Tribunal that by declaring all the acts, omissions and the show cause notice and ONO, as void ab initio, without jurisdiction, authority, illegal, unlawful, mala fide and for illegal motives and designs, this tribunal may be pleased to quash/vacate the impugned proceedings, notices and orders.
The Federal Board of Revenue (FBR) may be directed to transfer the adjudication to some other, fair, impartial and balance mind collector and not to some other additional collector, the companies stated in appeal. Record of the proceedings and the goods involved may be summoned and be made part of the judicial record.
Both companies also prayed that by suspending the impugned proceedings/orders/notice, an interim relief may be granted to the effect that till the final disposal of this appeal, the collector of Customs Adjudication and FBR may not undertake any recovery proceedings, may not take any coercive measures for affecting the recovery and the original record may please be summoned from collector, and may be made part of the judicial record to preserve the same, as valuable rights of the petitioners/appellants are involved and there is probability/apprehension of misplacing/mutilation etc. of the said record.
