Special Customs Appellate Tribunal issue notices in appeal regarding chick pea duty dispute

KARACHI: Special Customs Appellate Tribunal (SCAT) on Wednesday referred a customs appeal (K 84 of 2017) to Chairman of the tribunal for marking the same to a single judge bench on account of “pecuniary jurisdiction”.

The appeal was filed by Arsalan Traders, Quetta through counsel Adnan Motan of Motan Law Associates. According to the appeal, the petitioner imported chickpeas from India and filed the GD under PCT heading 0713.1090 claiming zero percent Custom Duty, Sales Tax and Additional Duty while accepting liability of 2 per cent income tax payable at import stage.

The custom authorities disputed the PCT Heading and determined the levi-able custom duty at a rate of 20 percent, Sales Tax 17 per cent, Additional Custom Duty 3 per cent, Regulatory Duty 15 per cent, Income Tax 6 per cent and 1 per cent additional duty.

The custom authorities also fined the importer and imposed a fine also which was challenged in the instant appeal before the tribunal.

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 respondents include Collector Customs (Adjudication) and Collector Custom, East.

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