SHOW CAUSE NOTICE
Whereas, it has been reported by MCC-Port Qasim, Karachi that M/s. AlHarmain Textiles. , imported a consignment said to contain INDUSTRIAL SEWING MACHINE & MOTORS in the import documents as well as Goods Declaration vide IGM No.140- 08/04/2014, Index No. 16. The importer filed home consumption GD vide Machine No. KPPI-HC-44911-11-04-2014 and sought clearance under PCT heading 8452.2900. The goods were examined for verification of description/PCT/quantity/weight under. On physical examination the shed staff reported as follows: 1. NEW INDUSTRIAL SEWING MACHINE.... MODEL LBH-781.... I/O: JAPAN BRAND; JUKI QTY: 20 PCS 2. NEW INDUSTRIAL SEWING MACHINE.... MODEL MB 373 NS.... I/O: CHINA BRAND; JUKI QTY: 04 PCS 3. NEW INDUSTRIAL LOCK STITCH SERIES SEWING MACHINE.... MODEL DT-3803.... I/O: NOT SHOWN BRAND; DOIT QTY: 15 PCS 4. USED INDUSTRIAL SEWING MACHINES WITH HEAD AND MOTORS (COMPLETE SET) OF ASSORTED MODELS I/O: JAPAN BRAND; JUKI QTY: 90 PCS 5. NEW INDUCTION MOTORS.... 1/2 HP 220V.... I/O: NOT SHOWN QTY: 10 PCS 6. USED INDUSTRIAL SEWING MACHINES WITH HEAD AND MOTORS (COMPLETE SET) OF ASSORTED MODELS I/O: NOT SHOWN BRANDS: JACK, SIRUBA, SHUANGMA, PEMAL, ZOJE, BROTHER, LIKANGTE, TYPICAL, GEOGE, SINY, KANSAI, MITSUYIN ETC QTY: 348 PCS 7. WOODEN TABLES FOR INDUSTRIAL SEWING MACHINES SIZE: 86X62X14CM QTY: 20 PCS. Total DV US$ 10300/Ascertained Value: (US$ 18000+US$ 500+US$ 1200+US$ 6000+US$ 27000+US$ 104400 =
Total: US$ 157500/2. The importer has mis declared the description, quantity of goods which is actually found INDUSTRIAL SEWING MACHINE & MOTORS ASSORATED BRANDS AND MODELS: DECLARED QUANTITY 412, FOUND QUANTITY 487 UNITS UNDECLARED ITEMS (Wooden tables) and MISDECLARATION OF BRAND AND ORIGIN. 3. The importer has willfully and deliberately mis declared the goods, I/O, PCT & value of goods. The value of offending goods has been calculated and is worked out to US$ 147200 Rs 14650521.). Had this willful and deliberate offence gone undetected,
the goods would have been released in the garb of declared description, PCT & value and the government would have suffered a loss of revenue amounting to Rs. 3,763,850/= 4. This act of the importer constitutes an offence within the meaning of Section 32 (1) & (2) of the Customs Act, 1969 read with Section 3(1) of the Import & Export (Control) Act, 1950. The offence is punishable under Clause (9) & (14) of the Section 156(1) of the Customs Act, 1969 read with Section 3(3) of the Import and Export (Control) Act, 1950 and 499(l)/2009 dated 13-06-2009 as amended vide SRO 794(l)/2011 dated 25.08.2011. Following sections of violation and punishment may be added: VIOLATIONS: UNDER Section 3& 6 of the Sales Tax Act, 1990 and section 148 of the Income Tax Ordinance, 2001 PUNISHABLE: UNDER Section 33& 34 of the Sales Tax Act, 1990 and section 148 of the Income Tax Ordinance, 2001. 5. And whereas, M/s. Al-Harmain Textiles has committed offence and thus contravened the provisions referred to above, therefore, in light of above reported facts, M/s. Al-Harmain Textiles is called upon to show cause as why the amount of duty and taxes may not be recovered and penal action warranted under the aforementioned provisions of law may not be taken against it. The written reply to the Show Cause Notice accompanied by the relevant evidence should be uploaded in the system during office hours on or before 30.04.2014. 6. Hearing in this case has been fixed for 30.04.2014 at 11:00 A.M. on which date and time the respondents may appear in the office of the Collector Adjudication-I, 11th Floor, Custom House, Karachi. In case no reply to the Show Cause Notice is received within the stipulated period of time as prescribed above or no one appeared for hearing on the aforesaid date and time it shall be presumed that the respondents do not which to contest the charges leveled against them in the Show Cause Notice and the case will be decided ex-parte in light of available record.
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