MULTAN: Collectorate of Customs Adjudication is one of the most important Collectorate for the generation of revenue in customs and disposal of seizure cases generate revenue for the Collectorate on merit.
Additional Collector Customs Adjudication Talib Hussain expressed these views during an exclusive interview with Customs Today the other day in his office. He said that accurate assessment in Customs seizure cases was very important and as flaws could be found in the seizing cases at the time of adjudication. The assessment of seizure cases is made under section 25 of the Customs Act 1969 of appraising staff.
The adjudicating authority is exercising the power of adjudication any seizure within pecuniary limit. Customs Adjudication send any seizure case which involves duty taxes up to Rs1 million to deputy collector, seizure cases which involves more than Rs1 million and less than Rs3 million duty taxes forwarded to Additional Collector and more than Rs3 million duty taxes seizure case send to collector for adjudication.
Additional Collector Talib Hussain told that he observed several times values duty and taxes involved in the seizure cases were reported by seizing officer himself without any assessment by the appraisement staff in customs dry Port.
We found remarkable difference in the duty and taxes reported by detecting agency in various seizure cases due to their approximate assessment and it gained huge loss to our national exchequer due to approximate assessment and after the confiscation reserved price has been set for auction.
While additional collector have observed the value of same vehicles and goods seized by detecting agency in different seizure cases changed.
I have directed detecting agency that all seizure cases should be framed after proper assessment of Appraisement staff at Multan Customs Dry Port in respect of duty and taxes involved in the seizure for future. It will also assist customs adjudication in trial of any seizure case after its exact assessment.
Additional Collector Customs Adjudication Talib Hussain has shown exceptional performance by issuing final Order-in-Original (ONO) in 132 seizure cases of Rs 193.170 million during fiscal year 2016-17 and decided 18 seizure cases of Rs 34.36 million so far in the current economic year.
He told that Customs Adjudication is bounded to decide any seizure case with in hundred and twenty days of the issuance of show cause notice and I have decided all seizure cases within the assigned period. We have provision that if case is not decided in 120 days of the issuance of show cause notice due to any reason then additional collector may take extension of 60 days from collector.
He informed that Collectorate of Customs Adjudication (Faisalabad) Multan Camp Office is facing acute shortage of officers. We are working without Staff Superintendents, Assistant Collector, Deputy Collector and others in the Multan Camp Office and suffer administration issues during performance of our assigned tasks of Federal Board of Revenue. Collectorate of Customs Adjudication is one of the most ignored departments of Customs because it has not any separate buildings for their Collectorate office and we are performing our job in the various Collectorates. Collectorate of Customs Adjudication is giving maximum output with its limited resources.
He informed that majority of seizure cases are mishandled by seizing agency due to their poor investigation from seizing staff of the customs and investigation staff needs proper training to enhance their capabilities which will also benefit Customs Adjudication in the speedy trial of seizure cases. Clumsy and unskilled investigation in the creation of seizure reports are also obstacle for Customs Adjudication in providing justice and sometimes poor collection of evidence also favours accused in the hearing of smuggling cases. Collection of evidence in the formation of seizure cases are riddled with irregularities that allows accused and suspects in smuggling cases to get away because the prosecution is unable to build a strong case against them. Customs Adjudication decide seizure cases on the presented facts and figures according to rule of law.
Customs Collectorates are not cooperating with Adjudication in the implementation of laws because they have no right to took possession of confiscated vehicles after the decision and these confiscated vehicles possession should be handed over to Customs Adjudication under section 182.
According to section 182 of the Customs act describes that when any goods or vehicles are confiscated by Customs Adjudication after trial under this act then they shall forthwith vest in the (Federal Government) and the officer who order confiscation shall take and hold the possession.
Customs Officials are violating customs laws because they are not aware about the laws even Directorate of Customs Intelligence & Investigation and Multan Customs are holding the possession of confiscated vehicles after their final decision of confiscation.
Additional Collector Talib Hussain has emphasized the Customs Collectorate Multan and Directorate of Customs Intelligence to implement Section 182 of the Customs Act 1969. We need to implement Customs laws in true letter and spirit to prevail justice.