| Citation(s) |
|---|
| 2013 SLG 2024 2013 SLD 2024 2013 PDS 1703 |
Appellate Tribunal Inland Revenue
C.A. No. 134/LB/2013 hearing DATE 24.03.2013 DATE of judgment 30.05.2013
CH. MUHAMMAD ASGHAR PASWAL, MEMBER (JUDICIAL)
For the appellant Mian Abdul Ghaffar, Advocate. For the
Respondent Mr. Muhammad Ismail, D.R. assisted by Mr. Mubarik Sherazi, I.O 1. Tariq Sardar s/o Muhammad Sardar District Sheikhupura.2. Arif Hussain s/o Muhammad Sardar District Sheikhupura.3. Muhamma
C.A. No. 134/LB/2013 hearing DATE 24.03.2013 DATE of judgment 30.05.2013
CH. MUHAMMAD ASGHAR PASWAL, MEMBER (JUDICIAL)
For the appellant Mian Abdul Ghaffar, Advocate. For the
Respondent Mr. Muhammad Ismail, D.R. assisted by Mr. Mubarik Sherazi, I.O 1. Tariq Sardar s/o Muhammad Sardar District Sheikhupura.2. Arif Hussain s/o Muhammad Sardar District Sheikhupura.3. Muhamma
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Law: Customs Act, 1969
Section: 168
[Customs Act (IV of 1969)].......Section 168,.. Smuggled goods,.. Recovery,.. Seizure, confiscation,.. Appeal,.. Customs I&I staff recovered 1200 bags of Iranian plastic dana which were found repacked in polypropylene bags of Indian origin, empty Irani bags 05 bundles and empty Indian bags 05 bundles from the appellants who failed to produce any documentary evidence regarding legal import of lawful possession of the recovered goods and the seized goods were confiscated and a personal penalty of Rs. 50,000/- was also imposed upon the appellants,.. From the perusal of record it was evident that appellants repacked the smuggled Irani plastic dana in used polypropylene bags of Indian plastic dana to hide the smuggled nature of the plastic dana which was usually packed in original packing and each bag bore full description,.. Further the consignment against GD No. LDRY-HC-1329 dated 08/08/2012 of HDPE Grade 002DF50 consisting of 2560 bags were cleared on 13/08/2012,.. The impugned 1200 bags of plastic dana bore different grades and these cannot be connected with any import document presented by the appellants,.. Learned Tribunal also perused the impugned Order-in-Original and was of the view that the same had been passed after hearing both the parties and their view points had been given due consideration,.. Learned counsel for the appellants at this stage was asked to substantiate his contentions regarding legal status of the impugned goods and any rebuttal to the allegations leveled against the appellants with corroborative documentary evidence but no such evidence was produced,.. Keeping in view the facts and circumstances of the case, learned Tribunal found no reason to interfere with the impugned order passed by learned Additional Collector of Customs (Adjudication), same was upheld and appellants' appeal was dismissed being devoid of any merits,.. ORDER CM. MUHAMMAD ASGHAR PASWAL, MEMBER (JUDICIAL): This judgment shall dispose of a Customs Appeal filed against ah order-in-original No.36/2013 dated 02.04.2013 passed by the learned Additional Collector of Customs (Adjudication), Lahore. 2. The facts leading to this appeal are that on an information the staff…
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