Adjudication quashes mis-declaration charges against M/s Telenor Pakistan

KARACHI: Collector of Customs Adjudication Asif Marghoob Siddiqui has quashed the charges of mis-declaration leveled against M/s Telenor Pakistan pertaining to the import of microwave transmission equipment for telecommunication equipment from China.

MCC Appraisement West had made the case against M/s Telenor Pakistan that importers had succeeded in getting clearance of the goods by deliberately mis-declaring description and PCT of the imported goods. Hence they got clearance of the impugned goods on payment of customs duty at 10 percent as against statutory rate of 20 percent.

M/s Franklin Law Associates represented M/s Telenor Pakistan and submitted the consignments were not released as per the importers declaration on payment of Customs duty and taxes but in fact the consignments were intercepted by the Directorate of Intelligence and the issue was clarified after meeting with all stakeholders, officers of FBR and decided PCT issue and recovered differential amount through pay orders. Later on the consignments were released after receiving further duty and taxes were paid on the basis of reassessment.

It was submitted the importer did not mis-declare the PCT heading in fact had correctly assessed the goods under PCT heading 8517.6990. It is pertinent to mention here that the goods previously were being declared and assessed by the Customs officials under PTC Heading 8517.6990 later on in 2015 the classification committee classified the goods pertaining to Antenna fall under PCT heading 8517.6290 vide public notice No. 17/2015.

After detailed deliberation, Collector Adjudication concluded that the charges of mis-declaration leveled against the importer are not established and the case has been framed without application of mind and in violation of law.

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