Collector Adjudication charges importer of mis-declaration

KARACHI: The Customs Adjudication has charged one M/s Suleman Sons of duty/tax evasion through mis-declaration.
According to the details of the case, M/S Suleman Sons electronically filed Goods Declaration (GD) no. KAPE-HC-53114-19-12-2013. The importer determined his liability of payment of applicable duty & taxes and sought clearance under Section 79(1) of the Custom Act 1969.
ln order to check as to whether the importer has correctly paid the correct and legitimate amount of duties and taxes the under reference GD was selected for scrutiny in terms of section 80 of Customs Act 1969.
Scrutiny of the Goods Declaration in the light of examination report reveals that an invoice has been found in the container for subject goods showing value $81363 against declared value $846O which is 861.70% excess in value. The offending value of goods comes to Rs.8847484. Total loss of revenue involved is Rs3112623.
Hearing was held and the importer contended that the charge of mis-declaration of value against them is on the basis of the invoice found in the container. However this was due to the mistake of the shipper and therefore, they have nothing to do with the offence, therefore, importer requested to withdraw the show cause notice.
The department’s representative stated that in view of the report submitted against the importer, charges are fully established and importer has not been able to defend the case.
The Adjudication concluded that the importer has miserably tailed to defend the charges of mis-declaration of value as leveled against him in the show cause notice. The impugned goods are therefore, ordered to be confiscated, however, taking a lenient view an option given to redeem the same under Section 181 of Customs Act, 1969 on payment of a fine equal to 35% i.e., Rs30,96,619 of the value of offending goods as prescribed under SRO 499(1)/2009 dated 13th June 2009, in addition to leviable duty and taxes. A penalty of Rs. 25000 is also imposed on the importer.

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