KARACHI: Collectorate of Customs Adjudication-I Deputy Collector Moeen Afzal Ali has issued an Order-in-Original (ONO) against M/s Electroline for claiming illegal benefits of the Fifth Schedule of the Customs Act, 1969.
“I have gone through the record of the case and verbal submission of the authorised representatives of importer and department side. The importer has made evasion of duty and taxes in consignments of LED lighting luminaries and declared PCT Heading 9405.1090 through Customs Preventive and got their consignment cleared unlawfully claiming benefits of customs duty, and sales tax under Sr No 24 of Part-I of Fifth Schedule to the Customs Act. 1969, Sr 15(2) of Table 3 of Sixth Schedule to the Sales Tax Act, 1990,” the deputy collector said in the ONO.
“This benefits is available to LED lights having voltage less than 60 volts and the impugned goods work on 220-240 volts hence the benefits is not available to these goods and made short payment of Rs 113,631,” the DC added.
Therefore, the charges levelled against the importer in show cause notices stands fully established. The importer is directed to deposit the evaded amount immediately along with a penalty of Rs 10,000.
Moreover, the importer is also warned to be careful in future, if there any recurrence in future the importer and his associates would be dealt with stern action.
Furthermore, the assessing officials are required to finalise the assessment of the basis of their order and recover legitimate amount of penalty imposed.