KARACHI: Collectorate of Customs Adjudication-II Deputy Collector Baasit Hussain has issued Order-in-Original (ONO) against M/s Naseem Autos for evading customs duties and taxes evasion of Rs 458,077.
According to the official sources, M/s Naseem Autos imported four consignments of aerosol spray paints under PCT Heading 3208.9090 paying customs duty @ 12.5% after claiming benefit of SRO 659(I)/2007 dated 03.06.2007. However, the subject goods are correctly classifiable under PCT 3208.2090 attracting customs duty @ 20% sales tax @ 17%, additional sales tax @3 % and income tax @ 6%. Thus, by way of mis-declaration of classification, M/s Naseem Autos, Lahore, evaded Rs 458,077 taxes.
Therefore, the importer, has violated the provisions of Section 32 (1) (2) & (3A) of the Customs Act, 1969, Section 3, 6 & 7 read with Section 34 of the Sales Tax Act 1990 and Section 148 of Income Tax Ordinance 2001 punishable under clauses (1), and 14 of Section 156(1) of the Customs Act 1969, Section 33(5) of the Sales Tax Act, 1990 and Section 148 & 182 of Income Tax Ordinance 2001 and section 7-A of the Sales Tax Act 1990 read with chapter X of the Sales Tax Special Procedure Rules 2007(special procedures for payment of sales tax by the importers) and under relevant provisions of Income Tax Ordinance 2001.
DC Baasit Hussain observed that the case against the importer has established and therefore directed it to deposit evaded duty and taxes of Rs 458,077. A penalty of Rs 25,000 was also imposed on the importer.
Earlier, the contravention report was issued to M/s Naseem Autos, Lahore, for explaining and clarifying as to on what basis they have avoided/ evaded the leviable duty and taxes. The importer, however, failed to come up with any tangible evidence and explanation and was also unable to refute the charges leveled by the Department.
In view of the aforesaid facts M/s Naseem Autos are held to have intentionally and willfully caused loss to the government exchequer amounting to Rs 458,077. The contravention report is forwarded for initiation of adjudication proceedings in the case.
