LAHORE: Customs authorities are blamed for imposing duties and taxes on the goods in transit found in access of the quantities declared at the port of entry, said sources.
According to details, an importer had availed the transit facility under Pak-Afghan Transit Trade Agreement, 2010. Upon arrival at the Customs port, they were transported to the exit port through the licensed carriers after completion of the formalities prescribed in connection with the transit facility.
However, the customs officials examined the goods at the intermediary post and found the consignments in access of the quantities declared at the port of entry.
Consequently, a show-cause notice was served upon the importer and his clearing agent while confiscating the access quantities making it clear that redemption can only be possible subject to payment of fine.
However, the importer contested his case on the point that it was not the case of the department that the consignments were not transported in violation of the rules nor that the seals had been tampered with. The department had also not disputed that goods transported are not subject to levy or charge of customs duty and other taxes.
The importer further maintained in the case of transit, the territory of Pakistan is used solely for the purpose of transmitting goods and their import into Afghanistan, pursuant to the agreement between the two countries.
He further stressed that the department can levy and charge duty or taxes in case the transit goods are subject to unauthorized unloading from a licensed bonded carrier, or even such an attempt is made, or the transit rules are materially breached.
In the absence of such acts, he stressed, the goods in transit could not be subject to payment of duties and taxes. According to him, a show-cause notice was issued to him without proving that any attempt was made to pilfer the goods in transit for a purpose other than transit to Afghanistan. The appellate forums had no option but to side with the importer.
Copyright Business Recorder, 2024
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