LAHORE: Customs Appellate Tribunal dismissed the show cause notice issued by customs department and accepted the appeals filed by the importers of potatoes. The appeal was filed by M/s New Ali Enterprises against collector of customs (Adjudication) Lahore and deputy collector of Customs (AFU) Wagha.
On 10.9.2018, Omer Arshed Hakeem, member judicial bench-II heard the arguments from appellant and respondent. The same case has decided with order to set aside the order in original.
As per details of case, the core controversy was involved in the import of potatoes that importers has wrongly claimed the benefits of SRO 338(I) / 2014 which allow the importer for sales tax exemption. The audit was conducted by the Director General Audit and found that no exemption of sales tax allowed on the sales tax of potatoes and short paid amount should be recovered from the importers.
After the show cause notice, adjudication proceeding were culminated and Order-in-Original was passed with remarks that appellant must deposit short paid amount with penalty of Rs1,00,000.
Being aggrieved, order in original was challenged before the Customs Appellate Tribunal on the grounds that order in original passed beyond the law, the importer has paid their tax liabilities under the relevant laws, the order in original should be liable to set aside. On the other side, the representative of department denied all allegations and prays for the rejection of appeal.
After hearing the arguments from appellant and respondent, Customs Appellate Tribunal has accepted the appeal of M/s New Ali Enterprises.