KARACHI: Collectorate of Customs Adjudication – I has issued show cause notice to importer M/s Fair Trading Company and clearing agent M/s Dildar Enterprises for mis-declaration and evasion of over Rs2 million. According to the show cause, the directorate general, intelligence and investigation, Federal Board of Revenue (FBR) Regional Office Karachi reexamined a consignment imported from Dubai by M/s Fair Trading Company, which was out of charged from MCC Appraisement (West), Karachi. Before filing of GD through clearing agents, M/s Dildar Enterprises the importer through letter dated July 05, 2014, opted and requested the concerned deputy collector, for inspection of the goods under Section 79(1) of the Customs Act, 1969 for making correct declaration of the imported goods. However, upon re-examination of the consignment on July 18-19, 2014 by the staff of the directorate, nuts and bolds weighing 20 metric tons were found besides gross discrepancies in other items i.e. radiator, differential, engines, shock absorbers etc. which were being cleared in the garb of iron/steel re-meltable scarp. The log report of GD as retrieved from One Customs showed that the GD was initially opened for examination on July 15, 2014 from user ID and out of charged from examination on same day from user PARAFI, which was accordingly appraised on July 15 from user ID KHALID. However, after detention of the consignment on July 15, 2014 by the directorate, the said GD was again opened for re-examination on July 16, 2014 from user ID MURAD and out of charged from re-examination on same day from PAMSLEHK, goods declaration was re-appraised on same date from user ID PADOMK. All this act of re-examination was conducted on containers, which were sealed and locked. That the lock and seals were found intact when containers were grounded for examination by the Directorate’s staff, implying thereby that report was fed and altered by examination staff in connivance with importers and clearing agent, subsequent to blocking by the directorate. The show cause notice said that the items were initially declared by the importer/clearing agent as well as reported by Customs Shed Staff which were accordingly assessed the customs group staff. However, after detention of the consignment by the directorate, the same were re-written in the examination report by the customs shed staff which were re-assessed accordingly. The show cause notice said that the total assessable value of the goods has been worked out to Rs4.27 million involving leviable duty/taxes about Rs2.58 million. Therefore, differential assessable value of the goods comes to Rs2.28 million involving attempted evasion of duty/taxes about Rs1.57 million as per initial examination report and assessment. The collectorate identified that the M/s Fair Trading Company in collusion with his clearing agent M/s Dildar Enterprises and the concerned customs staff, have individually and collectively indulged in mis-declaration of description, HS- Code, quantity and value of the goods, despite having inspected under Section 79(1) of the Customs Act, 1969, before filing of goods declaration. The consignments, therefore, seized on July 21, 2014 under section 168(1) of the Customs Act, 1969 for violation of Section 32(1) & (2), 32A, 79(1) of the Customs Act, 1969 punishable Section 156(1), (14), (14A) & (82) of the Customs Act, 1969, read with Section 3, 6, 33, 34 of the Sales Tax Act, 1990 and Section 148 (1) the Income Tax Ordinance, 2001. In the absence of the importer/clearing agent, notice under Section 171 of the Customs Act 1969 was served upon the incharge/manager, MTO Yard, West Wharf, Karachi. The adjudication collectorate served the notices to M/s Fair Trading Company and clearing agent M/s Dildar Enterprises and warned of seizure of goods and confiscation beside penal action. Hearing in this case has been fixed for August 28, 2014.
Posted on: Sun, 24 Aug 2014 08:15:48 +0000