Law: Federal Tax Ombudsman Ordinance, 2000

Section: 2(3)(ii)

Establishment of the Office of Federal Tax Ombudsman Ordinance (XXXV of 2000)---S.2(3)(ii)---Demurage---Customs Department issued delay and detention certificate for claiming refund of demurrage charges as delay was on account of dispute about quality of goods but Port Trust did not accept the refund application---Complainant contended that consignment of wire rods was not allowed clearance due to dispute in which he was not at fault and requested for directions to the Port Trust to refund the demurrage charges or Customs Department should compensate the loss as delay in clearance was on the part of department---Validity---Customs Department was responsible for delay in clearance and the department was to bear the burden of demurrage charges---Federal Tax Ombudsman recommended the Federal Board of Revenue to direct the concerned officials to refund the demurrage charges the complainant paid to the Port Trust within 15 days. FINDINGS/RECOMMENDATIONS DR. MUHAMMAD SHOAIB SUDDLE (FEDERAL TAX OMBUDSMAN).---This complaint has been filed alleging maladministration for illegal rejection of refund claim of demurrage charges filed by the complainant. 2. The complainant imported a consignment of 256 coils of prime quality low carbon wire rods from UAE, and filed GD No.KAPR-HC-61422 dated 17-3-2009 for customs clearance. At the time of examination, the Customs staff suspected that the goods were of secondary quality. The matter was referred to the Pakistan Steel Mills Karachi and the Peoples Steel Mills Karachi for expert opinion. The laboratory tests by both confirmed that the goods were of prime quality, as declared by the importer. The GD was filed on 17-3-2009 and completed on 22-4-2009. The Karachi Port Trust charged Rs.1,006,200 from the importer on account of demurrage charges due to delayed clearance of goods. The Customs House Karachi on the request of importer issued delay and detention certificate for claiming refund of demurrage charges as delay was on account of dispute about quality of goods. But Karachi Port Trust did not accept the refund application of the complainant. The complainant contended that consignment of wire rods was not allowed clearance due to…

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