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ONO against Nawaz Enterprises issued for misusing SRO 1125/2011

ONO against Nawaz Enterprises issued for misusing SRO 1125/2011

KARACHI: Collector of Collectorate of Customs Adjudication-II Dr Ahmed Mujtaba Memon has issued Order-in-Original (ONO) against importer M/s Nawaz Enterprises for its alleged involvement in tax evasion of Rs 8.4 million by taking undue advantage of SRO 1125/2011 in clearance of fabric consignments.

According to details, Collector Memon, in the final hearing of the case, found that the importer, M/s Nawaz Enterprises, was involved in taking undue benefit of SRO 1125/2011 in clearance of their fabric consignments. The collector also imposed a penalty of Rs 1 million on the importer for violating the law.

It may be mentioned here that the case against the importer M/s Nawaz Enterprises was constituted by the Model Customs Collectorate (MCC) Appraisement (East) and in the Contravention Report, the Collectorate stated that the importer M/s Nawaz Enterprises violated Section 32(1)(2), 32-A, 79(1)(b) and 80 of the Customs Act, 1969, Section 6,11 & 36 read with the Section 7A of the Sales Tax Act, 1990 and Chapter X of the Sales Tax Procedure Rules, 2007 vide SRO480(I)/2007 read with SRO1125(I)/2011,amended vide SRO154(I)/2013, SRO504(I)/2013, SRO898(I)/2013 and SRO 154(I)/2013 further read with Section 148 and 161(2) of the Income Tax ordinance, 2001 punishable under clauses (14) & 14(A) of the Section 156(I) of the Customs Act, 1969 read with the Section 33, 34 & 36 of the Sales Tax Act, 1990 and Section 148 of the Income Tax Ordinance, 2001 in which the importer M/s Nawaz Enterprises committed an offence of mis-declaration in clearance of fabric consignments.

It may be mentioned here that the Directorate of Customs Intelligence and Investigation-FBR Karachi had already detected tax evasion amounting to Rs 775 million in misusing of SRO 1125/2011 and sent the contravention reports to the Collectorate of Customs Adjudication-I.

The Model Customs Collectorate-MCC of Appraisement (West) had forwarded 12 contravention reports to the Collectorate of Customs Adjudication-I for legal proceedings in tax evasion cases by the importers through misusing SRO 1125/2011.

The MCC-Appraisement (West) in the month of September forwarded 12 contravention reports against the importers M/s Al-Mawadah Textile, M/s AI Enterprises, M/s Ahsan Enterprises, M/s Al-Harmain Textile, M/s GM Exports, M/s Hira Exports, M/s Pioneer Textile, M/s Anwar and Sons, M/s Nawaz Enterprises, M/s Sara Corporation, M/s BA Impex and M/s WJK Enterprises in tax evasion amounting to Rs 248.80 million in their alleged involvement of taking undue benefit of SRO 1125/2011.