Customs tribunal allows provision release on payment of duty, fine

KARACHI: Nazim Saleem, Member (Technical) heading a Special Customs Appellate Tribunal bench allowed provisional release of turning shaft bushes.

The bench earlier issued notices to Collector Customs West and Collector Customs (Adjudication) in an appeal filed by Khyber Autos, an importer of auto parts.

Earlier the bench heard the arguments by Adnan Motan advocate who submitted that the custom authorities came up with the charge of mis-declaration in description.

As per GD filed by the petitioner, the items imported are turning shaft bush which falls under PCT Heading  8483.3020 carrying zero per cent custom duty. The custom disputes the same and maintains that it were auto parts classifiable under PCT Heading 8483.6092. The counsel Adnan Motan maintained that upon re-examination of the subject consignment, it was found that items in dispute carries a custom duty at a rate of 35 per cent .

The counsel drew the attention of the court towards the re-examination report which re-affirmed that the consignment consists of auto parts and that the country of origin (China) was also stated. Today the tribunal comprising Tahir Zia, Member Judicial and Nazim Saleem, Member, Technical referred the appeal to chairman of the tribunal as the money involved was less than rupees 5 million.

The petitioner prays to the tribunal to remit the fine and penalty and also to direct the custom authorities for issuance of delay detention certificate.

The tribunal however, after hearing the counsel for petitioner as well as custom officer concerned at length ordered provisional release of the consignment on secured payment of differential amount of custom duty as well as fine and penalty.

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