KARACHI: MCC Port Qasim has approached Customs Appellate Tribunal challenging the order of Collector Appeals Dr. Zulfiqar Malik in the case of import of old and used trucks by M/s Quick Contractors in violation of Import Policy Order.
The MCC Port Qasim submitted before the Tribunal that the order passed by Collector Appeals is against the law and facts and therefore liable to be struck down.
It may be mentioned here that Dr. Zulfiqar Malik is not counted among the well reputed officers and several corruption related inquiries are underway against him including one in the vehicles amnesty scheme.
According to the details of case, According to the details of the case, M/s. Quick Contractors & Traders imported a consignment said to contain “01 Unit old and used Nissan Prime Mover Truck (380 HP)” and sought clearance under PCT heading 8701.2040 and submitted scanned copy of Construction Company’s proof/P.E.C. registration certificate showing importer as contractor and pre- shipment certificate in terms of relevant provision of Import Policy Order, 2013.
The goods were examined and were under assessment/processing, in the meanwhile credible information was received through Collector of Customs, MCC, Port Qasim that old and used Trucks/Prime movers/Dumpers etc are being imported by mis-declaring the capacity/Horse Power.
The information was analyzed and the imported goods were re-examined. In order to confirm the engine capacity, as the same is mandatory requirement under Import Policy Order, local manufacturer M/s. Ghandara Nissan Limited was approached, which informed that engine capacity of series FE6TC is 258 HP.
It was established that the importer M/s. Quick Contractors & Traders made an attempt to clear old and used 06 Wheeler Vehicle (below 380 HP) in the garb of Old and Used Prime Mover (380 HP) circumventing the provisions of Import Policy Order, 2013, which is otherwise not importable.
However, in response to the Show Cause Notice the importer submitted that the detailed scrutiny of the Goods Declaration reveals that the case relates to alleged technical violation of the Import Policy Order, 2013, and does not involve any evasion of duty/taxes. The adjudication of the said matter is, therefore excluded from the purview of the Adjudication Collectorate in terms of para 3 (d) of SRO 886(l)/2012 and it should not have been referred to the Adjudication Collectorate.
The department representative emphasized that the goods in question have capacity less than 38OHP. In support of his this contention he referred that in order to confirm the engine capacity M/s. Ghandara Nissan Limited was approached, they informed that engine capacity of P11C-PIV is 11L and engine HP is 330 HP. The manufacturer of the impugned goods itself has categorically stated that the impugned goods are of engine capacity less than 380 HP.
In view of the clarification issued by the Ministry of Commerce which states to rely upon the verification from PSI certificate, the department’s representative reiterated his earlier stance to rely upon the manufacturers of the goods and further state that the verification of PSI certificate is not for the purpose of HP but for the remaining useful life of the instant prime mover as clearly mentioned under clause (5) of Sub Para (ii) of Para 9 of the Import Policy Order 2103 amended from time to time.
The Adjudication noted the clarification from local manufacturer clearly shows that engine capacity of series P11C-PIV is 11L and engine HP is 330 HP, which is not importable in terms of serial No. 10 of Appendix-C of Import Policy Order, 2013. Therefore, the Adjudication ordered for confiscation of impugned vehicle and a penalty of Rs. 100,000 is also imposed upon importer.
M/s Quick Contractors then approached Collector Appeals, who set aside the order-in-original.
It may be mentioned here that Marwat is an office bearer of a trade body, sources said that such elements had been using the trade bodies to shield and cover their wrong doings.
Sources said that these trade bodies were quite powerful and used influence to shield their officer bearers for their wrong doings. Sources said that even if cases were registered against unscrupulous elements like Marwat, they were not arrested or prosecuted as the trade bodies behind them pressurized the authorities from taking action.
Sources said that the trade bodies in the country had grown so string that they had become a mafia adding that the authorities particularly Army should look into the affairs of all the trade bodies as almost all of these bodies were headed by unscrupulous elements who were involved in criminal as well as anti-state activities.