AGL 40.25 Increased By ▲ 0.09 (0.22%)
AIRLINK 130.30 Decreased By ▼ -1.43 (-1.09%)
BOP 6.69 No Change ▼ 0.00 (0%)
CNERGY 4.53 Increased By ▲ 0.06 (1.34%)
DCL 9.00 Increased By ▲ 0.18 (2.04%)
DFML 40.80 Increased By ▲ 0.19 (0.47%)
DGKC 84.80 Increased By ▲ 0.72 (0.86%)
FCCL 32.60 Increased By ▲ 0.26 (0.8%)
FFBL 75.47 Increased By ▲ 6.86 (10%)
FFL 11.49 Increased By ▲ 0.14 (1.23%)
HUBC 110.30 Decreased By ▼ -1.46 (-1.31%)
HUMNL 14.30 Decreased By ▼ -0.01 (-0.07%)
KEL 5.33 Increased By ▲ 0.11 (2.11%)
KOSM 8.68 Decreased By ▼ -0.30 (-3.34%)
MLCF 39.35 Decreased By ▼ -0.08 (-0.2%)
NBP 60.50 Increased By ▲ 0.21 (0.35%)
OGDC 196.75 Increased By ▲ 1.81 (0.93%)
PAEL 26.76 Increased By ▲ 0.07 (0.26%)
PIBTL 7.53 Increased By ▲ 0.05 (0.67%)
PPL 156.50 Increased By ▲ 0.73 (0.47%)
PRL 26.92 Increased By ▲ 0.24 (0.9%)
PTC 18.16 Decreased By ▼ -0.14 (-0.77%)
SEARL 81.25 Decreased By ▼ -1.77 (-2.13%)
TELE 8.34 Increased By ▲ 0.11 (1.34%)
TOMCL 34.70 Increased By ▲ 0.15 (0.43%)
TPLP 9.12 Increased By ▲ 0.31 (3.52%)
TREET 17.35 Increased By ▲ 0.65 (3.89%)
TRG 61.99 Decreased By ▼ -0.46 (-0.74%)
UNITY 27.60 Increased By ▲ 0.16 (0.58%)
WTL 1.38 Increased By ▲ 0.10 (7.81%)
BR100 10,385 Increased By 198.6 (1.95%)
BR30 31,569 Increased By 232.7 (0.74%)
KSE100 97,171 Increased By 1624.5 (1.7%)
KSE30 30,137 Increased By 558.7 (1.89%)

LAHORE: An importer of raw material, used in shoes for the manufacturing of sole, has defeated Customs in recovery of sales tax and income tax after the assessment and release of goods, said sources.

According to details, the importer had imported two consignments of thermoplastic rubber and claimed the benefit of zero rate of sales tax. The Collectorate accepted the classification of the goods and allowed clearance by granting the said benefit.

However, the department issued show-cause notice after the lapse of two years, saying that the benefit of zero-rating was not available against the import. Therefore, the importer was liable to pay all the recoverable duty and taxes besides a penalty for misdeclaration.

The importer challenged the notice, saying that the consignments were examined in both the cases and examination report was reduced by the examination staff. He further pointed out that on the basis of the examination report, the assessment was made and the goods declarations were gate out as per law.

He maintained that the recovery cannot be enforced on the presumptions basis. Further, he contested his case on the point that the department has no jurisdiction to recover or adjudicate any short levied (i.e. recovery of sales tax and income tax) once the imported consignments are released/cleared from Customs. He said it is a settled principal that the Clearance Collectorate as well as Adjudication Collectorate have no jurisdiction to adjudicate/ recover sales tax at post release stage.

The department, on the other hand, stressed that the importer had misdeclared the goods to avail undue benefit of exemption from sales tax to defraud the government from its legitimate revenue. It further said that the Customs Act provides that in case by reason of any such document or statement or by any collusion, any duty or charge has not been levied or short levied or has erroneously funded, a show-cause notice can be served within five years of the relevant date. The relevant forum disagreed with the department and set aside the notice.

Copyright Business Recorder, 2024

Comments

Comments are closed.

Khan iftikhar Jun 22, 2024 12:37pm
The staff who inspected and issued clearance to be Fired and recovery made from their dues with no Pension.
thumb_up Recommended (0)
Sukiana Sikandar Jun 26, 2024 08:20am
Why Customs officers remained dormant at that time. It's criminal negligence of Customs department and concerned officers should be penalised
thumb_up Recommended (0)