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Customs Appellate Tribunal accepts appeal of customs department

Customs Appellate Tribunal accepts appeal of customs department

LAHORE: Customs Appellate Tribunal has accepted the appeal filed by Additional Director, Directorate of Intelligence and Investigation-FBR Lahore against M/s Al-Husnain Traders and M/s Rana Brother and others.

According to the details, Member Technical Imran Tariq, Bench-II, heard the arguments from the appellant and respondents, after complete hearing of the arguments decided the case and passed the judgment with remarks that the respondent did not join the adjudication proceeding before the tribunal so tribunal agree with the appellant and imported Aesosol Spray Paint is correctly classified under PCT Heading 3208. 2090.

As per precise fact of case, on the credible information Director General, Intelligence and Investigation-FBR Lahore that M/s Al-Husnain Trader are involved in the importation of Aerosol Spray Paint and wrongly availing the benefits of SR 659(I)/ 2007 by mis- declaring the consignments against PCT Heading 3208.9090 against payment of customs duty @ 12.5 instead of correct Heading 3208.2090 attracting customs duty 20 percent.

After the complete examination of the imports, customs authorities charged Rs641,120 in taxes under Section 48 of Sales tax Act 1990.

After the show cause adjudication proceeding was culminated and authority declared that importer is liable to pay levied duties and taxes and also impose Rs50, 000 as penalty.

Being aggrieved from the order, the appellant filed the case before Collector of Customs (Appeals) who accepted appeal and set aside the Order-in-Original passed by adjudication authority.

Appellant Customs Department challenged the order of Collector Appeals before the Customs Appellate Tribunal on the grounds that the order passed by ignoring facts and mis-reading of facts and appeal for the set aside the order passed by the collector (Appeals). After hearing the arguments Customs Appellate Tribunal accepts appeal.