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Customs Appellate Tribunal accepts appeal in short payment of duties

Customs Appellate Tribunal accepts appeal in short payment of duties

LAHORE: Customs Appellate Tribunal on 3.8.3028 accepted the appeal filed by M/s Orient Coating and Finishing Mills Private Limited Faisalabad against Collector of Customs, MCC, and Faisalabad.

As per brief facts of case, during the course of audit by the staff of Director General (DG), Punjab Revenue Authority (PRA), it was observed that appellant imported raw material free of customs duty, sales tax and federal excise duty (FED) and exemption certificate issued by the commissioner.

During the scrutiny of record it was found that licensee has imported Acrylic Emulsion (raw material) failing under PCT heading 3906.9090 and got cleared without payment of duties and taxes customs department was charged Rs24,86,583 which is short paid by the importer.

After show cause notice, adjudication proceeding were culminated and Order-in-Original (ONO) was passed with remarks that department to recover the short paid duties and taxes from importer with Rs5,000 penalty.

Being aggrieved with the order, appellant was filed the appeal before the Customs Appellate Tribunal on the grounds that Order-in-Original was passed in mechanical fashion, without consideration of facts and same is liable to set aside. On the order side, respondent denied all allegations and pray for the rejection of case.

After hearing arguments from appellant and respondent sides, member of Customs Appellate Tribunal Omer Arshad Hakeem accepted appeal in favor of appellant.