AGL 33.10 Decreased By ▼ -0.70 (-2.07%)
AIRLINK 129.40 Increased By ▲ 0.10 (0.08%)
BOP 5.07 Increased By ▲ 0.05 (1%)
CNERGY 3.84 No Change ▼ 0.00 (0%)
DCL 8.01 Decreased By ▼ -0.29 (-3.49%)
DFML 48.04 Decreased By ▼ -2.26 (-4.49%)
DGKC 74.29 Decreased By ▼ -1.40 (-1.85%)
FCCL 25.25 Increased By ▲ 0.27 (1.08%)
FFBL 46.56 Decreased By ▼ -1.25 (-2.61%)
FFL 8.71 Decreased By ▼ -0.15 (-1.69%)
HUBC 123.20 Decreased By ▼ -4.80 (-3.75%)
HUMNL 10.00 Decreased By ▼ -0.30 (-2.91%)
KEL 3.83 Decreased By ▼ -0.19 (-4.73%)
KOSM 8.25 Decreased By ▼ -0.62 (-6.99%)
MLCF 32.50 Decreased By ▼ -0.81 (-2.43%)
NBP 60.03 Increased By ▲ 1.65 (2.83%)
OGDC 143.30 Decreased By ▼ -1.34 (-0.93%)
PAEL 25.45 Decreased By ▼ -0.47 (-1.81%)
PIBTL 5.84 Decreased By ▼ -0.01 (-0.17%)
PPL 107.80 Decreased By ▼ -0.80 (-0.74%)
PRL 24.11 Decreased By ▼ -0.04 (-0.17%)
PTC 11.56 Decreased By ▼ -0.26 (-2.2%)
SEARL 58.20 Decreased By ▼ -0.55 (-0.94%)
TELE 7.25 Decreased By ▼ -0.09 (-1.23%)
TOMCL 40.86 Decreased By ▼ -1.04 (-2.48%)
TPLP 7.40 Decreased By ▼ -0.09 (-1.2%)
TREET 14.89 Decreased By ▼ -0.25 (-1.65%)
TRG 54.75 Decreased By ▼ -1.95 (-3.44%)
UNITY 26.20 Decreased By ▼ -0.40 (-1.5%)
WTL 1.23 Decreased By ▼ -0.03 (-2.38%)
BR100 8,562 Decreased By -106.7 (-1.23%)
BR30 25,836 Decreased By -429.4 (-1.63%)
KSE100 81,658 Decreased By -590 (-0.72%)
KSE30 25,875 Decreased By -246.3 (-0.94%)

LAHORE: The Customs department challenged its own adjudicating authority for releasing consignment without payment of redemption fee, said sources.

According to details, a local trading company had imported a consignment comprising of different items and filed Home Consumption Goods Declaration for clearance against a peculiar declared value.

The examination staff of the department reported an undeclared item - cigarette lighter filled with gas (refillable). The said undeclared item was attracting higher valuation ruling and higher slab of duties and taxes. Accordingly, proceedings were initiated by the Collectorate followed by framing of contravention case against the importer.

However, the departmental adjudicating authority observed that the importer has shown his willingness to pay the leviable duties and taxes on the undeclared goods as per applicable rates and release of goods for the reason that no revenue and loss is caused to national exchequer. While issuing a warning to the importer that he should be careful in future, the adjudicating authority imposed a personal penalty and disposed of his appeal.

Being aggrieved with the orders passed by the adjudicating authority, the department filed an appeal against the aforesaid order-in-original before the relevant forum and reiterated that the adjudicating authority failed to appreciate the clear intention of legislature to impose fine @35% upon the importer.

It further maintained that the Additional Collector Adjudication passed the order without examining the case record which causes serious prejudice to the department. Not only this but he has also failed to appreciate that the instant case is an established case of misdeclaration and as such the goods cannot be released without passing an order for imposition of fine and penalty.

Therefore, the order passed by him is liable to be set aside, as it is passed in violation of the provisions of Customs Act, 1969. The relevant forum set aside the order-in-original and directed to impose redemption fee @35% upon the importer in addition to personal penalty already imposed against him.

Copyright Business Recorder, 2024

Comments

200 characters