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pAKISTAN’S FIRST INdepTH NeWSpApeR ON CuSTOmS
vol 2 Issue No. 08
Karachi, Tue march 11 - mon march 17, 2014
Weekly
Regd. No, mC-1381
Price Rs. 50.00
pROmOTINg TAx CuLTuRe
Collectorate of Adjudication decided 125 cases and recovered billions of rupees in 8 months KARACHI
RedeveLOpINg gWAdAR
SOHAIL RAB KHAN www.customstoday.com
W Chinese firm will spend Rs 26 billion to further develop Gwadar port during the next fiscal year, says Kamran Michael. | See pAge 03 | ReBuFFINg AppRAISeRS
Non application of Valuation ruling at the time of appraisement is actually a failure of appraisement itself, says FTO Rauf Chaudhry. | See pAge 09 | CARTOONS SpeCIAL
| See pAge 11 |
hile upholding the rule of law and justice and adhering to the principle of speedy disposal of cases, the Collectorate of Adjudication resolved around 125 cases and recovered billions of rupees revenue for the national exchequer over the past eight months. Collector Adjudication Syed Shahanshah Hasnain claimed this during an exclusive interview with Customs Today. Terming the role and performance of Adjudication Collectorate of great signiOicance in revenue generation, Collector Shahanshah declared that the collectorate was adhered to the policy of ‘no compromise’ on revenue collection. “There is no pendency of cases in the Collectorate of Adjudication, as it has efOiciently and timely summoned the parties concerned and settled down their issues accordingly,” the collector informed. Throwing light on the working strategy of the Collectorate, Shahanshah Hasnain said that the collectorate had particularly focused that the parties should not face unnecessary hearings and delays, adding that it was the top most priority of Adjudication Collectorate to facilitate the parties within the ambit of justice. Replying to a question, he maintained that the collectorate was endeavouring not to let any case expire, focusing on thoroughly and indepth hearing of cases as per the legal acumen. “Applying juristic approach and vast study are the core priorities of the collectorate during hearing of cases and preparing verdict,” he added. “The Collectorate of Adjudication is committed to ensuring justice to the traders and facilitate them while sticking to the rule of law and justice”, Shahanshah elaborated. The Collector Adjudication revealed that strict directives had been issued to the entire team of Adjudication Collec-
torate to ensure speedy disposal of cases, adding that the ofOicials of the collectorate were well aware of their responsibilities and providing invaluable technical assistance to their high-ups. Commenting on WeBOC, Collector Shahanshah said that the introduction of computerised system was a great step forward by the Federal Board of Revenue and Pakistan Customs. He asserted that the chances of corruption had been minimized due to WeBOC as it had shut the door on the possibility of information leakage. The Collector Adjudication said the hearings of the cases have been conducted speedily and efOiciently after the introduction of WeBOC, adding that the collectorate had decided majority of cases in the stipulated timeframe. “Through a speciOic password, only the affected party (importer) is authorised to see the verdict on its screen given by the Adjudication Collectorate,” Collector Shahanshah pointed out, adding that before the introduction of computerised system, Oiles of cases used to be prepared manually which often resulted in corruption. Responding to a question, the Collector Adjudication said that the WeBOC was a perfect indigenous system, which needed amendments as evolution was an ongoing process. “With the introduction of WeBOC, show-cause notices are being issued directly to the parties and they can see the notices on their screen. However, before the introduction of WeBOC, the notices were served manually, which would take four to six months to decide cases,” he drew a comparison.
WeBOC minimised corruption chances to a great extent, says Collector Adjudication
— Exlusive Customs Today photo
Energy supply and public sector development could only flourish if all citizens pay their due taxes, says Ishaq Dar. | See pAge 02 |
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NATIONAL
MARCH 11 - MARCH 17, 2014
mFN status: ApTmA demands India to grant NdmA
KARACHI: All Pakistan Textile Mills Association (APTMA) has urged India to grant non-discriminatory market access before seeking MFN status from Pakistan, stressing that without level playing field there will be no trade liberalisation between the two neighbouring countries. APTMA Chairman Muhammad Yasin Siddik has said that currently trade balance is heavily tilted in favour of India due to whole array of regulatory duties and other levies on imports from Pakistan.
akistani rupee has gained value against the US dollar in both the inter-bank and open markets ending at 103.5 to the dollar last week indicating that the rupee is gaining faster than the market expectations which pushed investors to sell their holdings. The selling volumes doubled in last two days in the open market. Currency dealers said the sellers got nervous as their holdings value started eroding. Dealers said that it was due to export receipts and inflows from other external sources.The reports of increase in the foreign exchange reserves, owing to export receipts and other external sources helped the rupee appreciate against the greenback.“All indications suggest that the dollar will fall to Rs 102 soon and the local currency will bounce back to Rs 100 within a few months,” said Malik Bostan, the chairman of Exchange Companies Association of Pakistan (ECAP).The greenback lost Rs 2 in the open market and Rs 1.50 in the inter-bank market in the last two days. The currency experts and dealers said the inflows would increase within a couple of months.The IMF’s second tranche of $ 550 million is expected by the end of this month or next month while the government is expected to launch Eurobond of $ 500 million next month. “Market was flush with the dollars as buyers were not more than 5 per cent; 95 per cent were selling which has slashed the rate to six-month low,” said Anwar Jamal, a currency dealer and expert on currency movement. Bankers said the inflows of remittances increased which may easily cross the figure of $ 15 billion by the end of this fiscal year.The central bank reported that the country’s reserves increased to $ 8.7 billion while the holdings of the State Bank were $ 3.9 billion.The finance minister recently said the reserves would exceed $ 10 billion by end of this month. —CT Report
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Adjudication faces shortage of staff he Collectorate of Adjudication is facing acute shortage of the office staff which badly hampers its daily affairs, it is learnt here. One of the senior officers in Adjudication Collectorate informed CustomsToday that the collectorate is facing shortage of lower staff including appraisers, lower divisional clerks (LDCs), upper divisional clerk (UDCs) and superintendents, which is affecting the working of entire collectorate. To a query, the officer said that none of the officials are interested to work in the Adjudication Collectorate and want immediate transfer to other collectorates. He appealed the authorities concerned of Federal Board of Revenue (FBR) to take notice of the prevailing situation, so that the working of the Adjudication Collectorate would also make an impression of efficiency at administrative level. —CT Report
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economy spurring: dar sees end to woes in tax culture promotion and gas supplies. Federal Minister for Commerce Khurram Dastgir led the delegation. GCCI President Noman Salauddin on behalf of the chamber felicitated the Finance Minister on attaining GSP Plus status for Pakistan that would go a long way in boosting exports. He expressed hope that small and medium industry of Gujranwala would also beneOit from the status. The delegation apprised the Minister that over the past eight months power supply to industrial sector remained better which enabled the manufacturers to increase their productivity. The delegation apprised the Minister of the difOiculties and problems being faced by the business community. On the occasion, the GCCI president informed that the business community wanted to pay taxes and suggested improvements in return Oiling system.
ISLAMABAD
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inance Minister Ishaq Dar has said that energy supply and public sector development programme could only Olourish if all citizens pay their due taxes voluntarily. The minister claimed that all major economic indicators were pointing to the fact that economy had started showing signs of revival and that it was moving on the right track. Talking to a delegation of Gujranwala Chamber of Commerce and Industry, the Finance Minister said that economic challenges still remained on the horizon and much work had to be done to address them. Ishaq Dar said that taxes and documentation will go along and the government would employ necessary measures to facilitate exporters. He also mentioned that it was very heartening to note that there was 17 per cent increase in revenue collection. On government’s part, he said, it had adopted austerity measures and implemented 30 per cent current expenditures cut by all federal ministries. He informed that the government had also abolished discretionary fund of the Prime Minister and the federal ministries. The Finance Minister assured the Chamber that a permanent Commissioner (Appeals) would be posted in Gujranwala to facilitate the business community. He asserted that the government was striving hard to remove all impediments to the progress of the industry which would help increase exports. “We will work with the business community to achieve our export targets,” he declared, adding that the government was working on a plan to improve power
— Exlusive Customs Today photo
Rupee gains against US dollar
Trade with India on equal footings inance Minister Ishaq Dar has said that it should be ensured that all concessions offered to imports from India are on a reciprocal basis with equal market access and level playing field for Pakistan’s exports to India. He said this while chairing a meeting held at the finance ministry.The purpose of the meeting was examining trade with India. Commerce Secretary Qasim Niaz briefed the committee on the matters relating to normalisation of trade relations with the neighbouring country, the prospects of benefits in export of textile and manufactured goods and on the broader framework of the roadmap to move ahead on nondiscriminatory market access for Pakistan’s exports. Ishaq Dar was informed that all stakeholders have been taken into confidence and concerns of our industry will be addressed
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in the process. Commerce Minister Khurram Dastagir Khan briefed the committee on the progress made on addressing Pakistan’s genuine concerns during his last visit to India. The finance minister stressed that the concerns of our industry should be taken care in the future arrangement. Dar added that import from India should substitute Pakistan’s import from other countries which will save valuable foreign exchange. The committee will present its detailed report to the Cabinet for consideration. Special Adviser to Prime Minsiter on Foreign Affairs Tariq Fatmi, FBR Chairman Tariq Bajwa, former commerce secretary Zafar Mehmood , Nestle Pakistan Chairman Syed Yawar Ali, Adviser to Finance Ministry Rana Asad Amin and senior officials of the ministries concerned also attended the meeting. —CT Report
Bajwa directs formation of task force ISLAMABAD
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ederal Board of Revenue Chairman Tariq Bajwa has directed the constitution of a task force to propose a concrete policy along with enforcement measures to bring the retail sector into the tax net and to ensure that the retailers make their due contribution to revenue. FBR has issued a notiOication in this regard. Member Human Resource Management Yasmin Saud has been elected as Chairperson of the task force. Members of the task force include Chief Commissioner Amir Ali Khan Talpur, Commissioner Nadir Mumtaz Warraich, Commissioner Asim Ahmad, and Commissioner Faiz Illahi Memon.
Dar urges Pakistani Missions abroad on to woo foreign investors inance Minister Ishaq Dar prodded Pakistani Missions abroad to draw attention of the investors to Pakistan where huge potential is available in all sector for foreign investment. He was talking to Pakistan’s Ambassador-designate to Qatar Shehzad Ahmad who called on him here. The Finance Minister said that there was huge potential of foreign investment in Pakistan particularly in economy, energy and infrastructure sectors. “We have introduced a very robust economic revival programme which includes public private-partnership on the basis of Build-Operate-Transfer (BOT) model”, he added. The minister said that the new initiatives would be instrumental for economic rebuilding. Important initiatives include deregulation, undertaking structural reforms to improve management of public finances and making Pakistan an attractive investment destination. He said that Qatar had expertise in energy sector and the Ambassador should encourage the potential investors from Qatar for opportunities available in the country. The Ambassador designate briefed the Minister on his plans to represent Pakistan effectively in Qatar. He assured the Finance Minister that he would work hard to enhance existing cooperation between the two countries. He also thanked the Finance Minister for his Ministry’s commitment and support to provide assistance in attracting foreign investment to the Country. —CT Report
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NATIONAL
MARCH 11 - MARCH 17, 2014
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LHC seeks FBR’s reply on lard import
LAHORE: The Lahore High Court has sought a reply from the Federal Board of Revenue Secretary while taking up a petition against the import of lard into the country. The court after hearing initial arguments, sought a reply from the FBR secretary and adjourned the hearing till second week of April. Lard is pig fat in both its rendered and unrendered forms.
ollector of Model Customs Collectorate Quetta, Zahoor Akhtar Raja has said that customs officials at MCC Quetta are working day and night to get rid of the menace of smuggling. Officers and staff have performed tremendously in executing their responsibilities. He shared these views while hosting a farewell party given to Assistant Collector Amanullah Tareen and Assistant Collector Mumtaz Ali by Pakistan Customs Employees Association and Federal Revenue Employees Alliance Union (FREAU). Collector Raja said that during the antismuggling operations within the operational jurisdiction of MCC Quetta, several unregistered foreign vehicles have been taken into custody. He said that customs officials are striving to eliminate smuggling so that economy can flourish through more revenue collection. Additional Collector Raza Baloch expressed his views in a similar manner. He said that whatever tasks were given to customs officials by FBR, they completed them responsibly and timely. He informed that soon the departmental promotions will be announced for the constables and other staffers. Pakistan Customs Employees Association General Secretary Haji Hasrat Khan and Federal Revenue Employees Alliance Union General Secretary Musa Khan lauded the efficiency of customs officials despite limited resources. However, they said, authorities concerned should heed to providing due facilities to the officials to make their duties easily executable. They also mentioned problems being faced by officials of Pakistan Customs in general while asking the high-ups to resolve them at the earliest. In the end, the outgoing officers were wished well in performance of their duties in future at new destinations. —CT Report
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China to spend Rs26b on gwadar’s redevelopment in FY15: michael Minister informs NA body on Ports and Shipping that ministry sought Rs10b for the Port in next year’s PSDP ISLAMABAD
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ederal Minister for Port and Shipping Kamran Michael has informed the National Assembly Standing Committee on Port and Shipping that the Chinese Oirm will spend Rs26 billion to further develop Gwadar Port during the next Oiscal year (2014-15). The minister was brieOing the NA Standing Committee on Ports and Shipping which met with Syed Ghulam Mustafa Shah in the chair to review budgetary proposals of the Port and Shipping Ministry and its attached departments for Public Sector Development Programme (PSDP) for the next Oiscal year 2014-15. The minister revealed that the ministry had requested the government to allocate Rs10 billion for Gwadar Port in next Oiscal year’s PSDP. On the occasion, Gwadar Port Authority Chairman Dostain Khan Jamaldini informed the committee that the Port had not yet been made fully operational owing to different reasons especially due to the ongoing unrest in Balochistan province and Oinancial crunch. He said that since 2007, 5.6 million tons of different goods had been handled at the Port and two ships carrying different goods were docking at the Port every month. He said that the Pakistani government and the Chinese Oirm, responsible for completion of the Port, were committed to complete all Port-related works within next two years. He informed that the National Highway Authority (NHA) was constructing
N85 highway at a brisk pace to connect the Port with the Central Asian countries. “Once the Port becomes fully operational, it will help earn billions of rupees for the country,” he said, adding that the Gwadar Port would become a hub of business activities as it would be the only deep waters port available to Central Asian nations. The committee was informed that a fuel storage facility was also under construction at the Port and it would be completed in the next year. Speaking on the occasion, MNA Nabeel Gabol said that development of the Gawadar Port was one of the major reasons behind the insurgency in the Balochistan and elsewhere in the country. “Some international forces do not want the Port to become operational which will not only connect China and Pakistan but will also become a corridor for the international trade with Central Asian countries,” he pointed out. He said that 585 acres of land of the Port was occupied by Pakistan Navy and the government should allocate land to PN at any other place so that work on the muchneeded Port could be completed. The meeting was informed that Rs500 million were required for the construction of security system on nonconcessional area, Rs 130 million for the construction of breakwater, Rs 2.8 billion for the construction of bridging
berthing area and channel for the additional terminal. Furthermore, Rs 80 million required for the replacement of existing navaids of Gwadar Port, Rs 360 million for bringing some changes to the master plan of the Port and Rs 30 million for the rehabilitation of harbour
road. Kamran Michael informed the committee that the Ministry had retrieved 70 acres of land from land grabbers in the limits of KPT.
— Exlusive Customs Today photo
Customs officers and staff at MCC Quetta showered with praise
Kamran hopeful of port-related works completion in two years
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04 NATIONAL
MARCH 11 - MARCH 17, 2014
Non-customs paid 3 vehicles seized
LAHORE: Anti-smuggling unit of Model Customs Collectorate Lahore has impounded three non-customs paid vehicles worth Rs 4 million at various places in the city. Sources said that the unit seized one Mercedes model 2002, Pajero 1999 and Toyota Corolla 1998 model from DHA, Johar Town and Model Town Link Road. Anti-smuggling scout raided on the spots on receiving tip offs and confiscated the non-customs paid vehicles.
Imported auto parts: AIdC advocates charging additional duty he Auto Industry Development Committee (AIDC) of Engineering Development Board (EDB) has recommended additional duty on auto parts imported by M/s Al Haj FAW which are to be localised. As per details, the AIDC made the recommendation in its 18th meeting. The EDB is scheduled to evaluate the Federal Board of Revenue’s (FBR) reply which it expects within 10 days and will submit a report to the AIDC for discussion. The committee in its 19th meeting will take up the M/s Al Haj FAW’s failure to comply with the conditions of the SROs/New Entrant Policy. It is to be noted that the auto parts which are to be localised were imported by M/s Al Haj FAW Motors during JulyDec 2013 and no additional duty was paid. The house evaluated the options available in following condition of SRO 1098(1)/2011. The report further added that the continued non-levy of additional customs-duty shall be contingent upon achievement of progressive annual indigenization as determined by AIDC. In case of any material deviation by the new entrant, the AIDC will determine the stoppage or withdrawal of the incentive of non-levy of said additional customs-duty, allowed as such, retrospectively. The committee deliberated upon the prevailing market conditions and the green field investment by M/s Al-Haj FAW Motors. In view of the options available in condition of SRO, AIDC members maintained that an additional duty on parts which were to be localized according to localization plan but imported at concessionary rate during specified period should be collected from the company, retrospectively. —CTReport
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R&AChiefconvenes meetingof directorateofficers hief of Directorate of Reforms and Automation (R&A), FBR Rubina Athar has held a meeting with the Director General Transit Trade Khawar Farid Maneka; Project Director, Directorate of Reforms and Automation, Majid Youswani and other officers at the office of the Directorate of Reforms & Automation. During the meeting, the performance of the Directorate of Reforms & Automation was reviewed and the Chief, Rubina Athar stressed upon early completion of the up gradation of the remaining modules in the paperless computerised system. On the occasion, DG Transit Trade briefed the Chief of Directorate of Reforms and Automation about the clearance procedure of Afghan Transit Trade cargo. —CT Report
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Procedures for ATT cargo under Customs Computerised System issued ISLAMABAD
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BR has issued a detailed procedure for processing and clearance of transit trade cargo under Customs Computerised System - to and from Afghanistan. FBR has amended Customs Rules, 2001 through an SRO 121(I)/2014 to issue the procedure of the transit under Customs Computerised System covering Afghan commercial cargo imported through Karachi Port, Port Muhammad Bin Qasim, Gwadar Port or Sost; Afghan commercial cargo from Afghanistan to India through Wagha; Afghan commercial cargo from Afghanistan to other countries; and non-commercial cargo. About the Oinancial guarantee on transit goods, the SRO said that the Afghan importer of goods or his authorised customs agents, brokers or transport operators in Pakistan shall furnish Oinancial security in the form of insurance guarantee, for goods destined for Afghanistan, from an insurance company. This would be done following criteria prescribed by the Directorate General of Transit Trade, on the prescribed format or any other form prescribed by the Board which shall be valid for at least one year and shall be en-cashable in Pakistan, for ensuring the fulOilment of any obligation arising out of customs transit operation between Pakistan and Afghanistan. The amount of Oinancial security for transit operation shall be determined by system on the basis of assessment done by customs at the ofOice of departures as it covers all import levies, rules said. In case of transport units registered in Afghanistan carrying transit goods, the transport operator or his authorised customs agents, or the chamber of commerce concerned or the Government department concerned shall furnish a bank guarantee on the prescribed format or revolving bank guarantee from a scheduled bank,
acceptable to customs equivalent to 25 per cent of the amount of duty and taxes leviable for each vehicle being operated, which shall be valid for at least one year and shall be cashable in Pakistan. Provided that in case a transport operator desires to operate less than four transport units, he shall provide a bank guarantee of 100 per cent of the amount of duty and taxes leviable on each transport unit. Provided further if a transport unit does not return to Afghanistan as per the provisions of this sub-chapter, the bank guarantee furnished shall be cashed. Provided also that the Afghan trucks carrying fresh and dry
The amount of financial security for transit operation shall be determined by system on the basis of assessment done by customs
fruit up to Wagha shall be allowed entry in accordance with these rules, subject to the production of letter of guarantee, in each case, by the Ministry of Transport and Civil Aviation, Government of Afghanistan to the effect that the vehicles would return to Afghanistan within the stipulated time, the SRO said. The designated customs ofOicer at the ofOice of departure shall detach the Oinancial security and enter the particulars in the system. The ofOicer shall ensure that the Oinancial guarantee submitted by the importer or his authorised customs agent has been issued by a company of repute or a scheduled bank.
NoSTonforextransactionsinabidtostrengthenrupee ISLAMABAD
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ederal government has withdrawn sales tax levied by the provincial governments on foreign exchange transactions of exchange companies so that it can aide in governments efforts to strengthen the country’s currency. The decision is in line with the decision taken by the Council of Common Interests (CCI). Sources said that the CCI decision further strengthens the viewpoint of the Finance Ministry that such kind of taxation may adversely affect the government efforts to bring down exchange rate. The CCI decision has been communicated to all Chief Secretaries and the Finance Division for withdrawal of sales tax on foreign exchange transactions carried out by exchange companies.
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Federal Board of Revenue will take necessary action on the CCI decision in case of sales tax on buying and selling of foreign currency transactions under intimation to the Finance Division. In this regard, the federal tax authorities would also co-ordinate with the provincial governments of Sindh and Punjab. Referring to the last meeting of the CCI, sources said that the Finance Minister had informed the meeting that the governments of Sindh and Punjab have promulgated sales tax on foreign currency transactions. The Finance Minister revealed that he has already written a letter to the governments of Punjab and Sindh for withdrawal of the sales tax on foreign currency transactions. The Finance Minister stated that efforts are being made to bring down the exchange rate vis-à-vis dollar as imposition of such taxes will hinder the government efforts. Sindh Chief Minister mentioned that as per superior
court's judgements all kind of services are taxable. The Finance Minister clarified that currency exchange cannot be termed as service and there is no tax on the difference of currency exchange throughout the world and hence proposed to withdraw the sales tax imposed by the governments of Sindh and Punjab, the same being not sustainable. The Prime Minister mentioned that the imposed sales tax on foreign currency is totally unsound. The Punjab Chief Minister said if sales tax was bringing bad effects on the national currency the government of Punjab will withdraw its notification. The Chief Minister Sindh endorsed the view of the Punjab Chief Minister. Council of Common Interests considered the summary dated February 7, 2014 submitted by Finance Division and approved withdrawal of the sales tax levied by the governments of Sindh and Punjab on foreign exchange transactions of exchange companies, sources added.
FBR will take necessary action in case of sales tax on foreign currency transactions
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ISLAMABAD 05
MARCH 11 - MARCH 17, 2014
Five arrested with heroin concealed in onions to skip dog sniffing
KARACHI: In a well coordinated raid at a house in Malir City, Anti-Narcotics Force and Pakistan Rangers have recovered 61.5 kg fine quality heroin being attempted to smuggle abroad and arrested a five member gang. The price of the seized drug in international market is Rs 433.5 million approximately. Post raid interrogation revealed that the heroin was being tactfully concealed inside onions. The accused disclosed that onions were also useful in evading the smell of drugs by sniffing dogs. The revealed innovative method is unique in its own kind.
joint team comprising technical experts from the Federal Board of Revenue and the Engineering Development Board has been constituted to carry out physical verification of companies engaged in fabrication/manufacturing of heavy engineering goods from February 19 to 21, under SRO 565(1)/2006 dated June 5, 2006. As per details, the SRO 565(1)/2006 deals with concessionary rates or exemption of duty on the import of raw materials, subcomponents, components, sub-assemblies and assemblies by the importer-cummanufacturers. This is subject to the conditions mentioned in the notification. In certain cases, approvals and recommendations of the EBD is required under SRO 565(1)/2006. For example, in some cases exemption is available on inputs if imported by local manufacturers duly recognised and recommended by EDB giving input-output ratios. In other cases, manufactured goods are also declared as locally manufactured wherever applicable. Thus, the technical teams of FBR and the EDB will fulfil the conditions of SRO 565(1)/2006. Similarly, exemption on the import of certain raw materials is available in case where supplies were made to the export sector PCT headings of such inputs included raw materials and other articles as indicated by the EDB or to exempt industrial units, projects, and agencies or raw material imported by recognised local manufacturers of heavy engineering goods. In this regard, the FBR, the Defence Production Ministry, State Engineering Corporation have received the technical team's tour programme from the EDB for physical verification of manufacturing facilities. The team constituted for physical verification of manufacturing facilities comprises of EDB Manager (Tariff) Muhammad Ashraf Khan, Convenor Engr Yasir Qurban, Member Representative from DGMP, Member Representative from SEC Islamabad, Member and Representative from FBR, Islamabad, Member. —CT Report
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dastgir leads pakistani delegation to uS for trade talks The Commerce Minister will also apprise the US administration about the steps taken to normalise trade relations with India ISLAMABAD
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akistan and the United States of America (USA) are holding Trade and Investment Framework Agreement Council meeting from March 11-13 in Washington DC to resolve bilateral trade and investment issues. Minister for Commerce Khurram Dastgir will represent Pakistan in the meetings. Pakistan maintains that the US should compensate it in lieu of Reconstruction Opportunity Zones (ROZs) which were shelved. However, the response of the US administration is not encouraging. With regard to General System of Preferences (GSP) to Pakistan, US has not so far given any positive signal. According to sources, the US administration is pressing Pakistan to sign its proposed draft of Bilateral Investment Treaty (BIT) which is not acceptable to Islamabad. United States embassy in Islamabad stated that it is unaware of an extension of General System of Preferences (GSP) for Pakistan after it lapsed on July 31, 2013. Pakistan enjoyed a substantial duty free access to the US market through the GSP programme. The Congressional authorisation of the programme expired on July 31, 2013 and during the lapsed period otherwise-eligible GSP imports from Pakistan and other GSP beneOiciary countries are subject to normal trade relations (MFN) duties. The US embassy claims it has no information at this time regarding whether or when the Congress will act to extend the GSP status to Pakistan. If the Congress extends the programme retroactively, as it has done on several occasions in the past, importers will be
— Exlusive Customs Today photo
SRO565(1)/2006:Physical verificationofheavy goodsmanufacturers intheoffing
able to seek refunds of duties paid during the lapsed period, the spokesman added. Pakistan has a trade surplus with the United States. Pakistan’s exports to the United States are higher than imports from the US. "Two-way trade is already $ 5 billion a year, and the US is the largest single export market for Pakistan," sources said. Sources in the Ministry of Commerce told this scribe that the Commerce Minister would emphasise further enhancement of trade relations between the two countries. The US administration would also be re-
pakistan’s exports to uS are higher than imports
quested to facilitate the export of Pakistani products to American market. The Commerce Minister will also apprise the US administration about the steps taken to normalise trade relations with India, which, according to insiders, is also pressurising Islamabad through diplomatic channels to get Non Discriminatory Market Access or Most Favoured Nation status. It is unclear if the Federal Cabinet will approve trade normalisation proposal prior to Commerce Minister's departure for the US or during his presence in Washington DC.
FBRcomesupwithtrackingsystemtochecktaxevasion KARACHI
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ederal Board of Revenue has decided to implement a new tracking system for monitoring the production and clearance of major dutiable commodities. The system is to be introduced with the name of‘Track and Trace System’. It would initially cover cigarettes followed by other commodities operating under the taxation regime. FBR is taking into consideration proposals of all entities which have made presentations on different systems for tracking the cigarettes to check tax evasion in the tobacco sector. Sources said that Board-in-Council, the tax policy decision making body of FBR, has taken the decision to implement the Track andTrace System in cigarettes, beverages, sugar, fertilisers and cement.The decision has been accepted by the tax authorities taking into account proposals of all FBR Members.
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The proposals of all companies would be analysed in this regard before taking the final decision.
Details revealed that the FBR Chief SalesTax/Federal Excise Duty Policy has given a presentation to the authorities on the
Track &Trace System, with particular reference to Request for Proposals (RFPs) issued by the Board in the year 2013 and the subsequent offers submitted by different companies having specialisation in the said field.The purpose of track & trace system is to monitor the production of dutiable and taxable goods and to provide safeguards and checks to ensure that payable duties and taxes are paid on the goods produced and adequate checks are placed on the sale of non-duty paid goods in the consumer market.The presentation was specific to cigarettes industry; however, the Board-in-Council was of the view that RFPs may be revisited as FBR was concerned with monitoring the production by all the major sectors such as beverages, sugar, fertilisers, cement, cigarettes, etc. It was decided that a new Request for Proposal (RFP) in this regard will be worked out with primary focus on monitoring of production by all the aforementioned sectors and fresh presentation to this effect shall be given before the Board-inCouncil, FBR added.
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SPECIALREPORT
The government’s proposed plan to grant reciprocal NdmA status to India would flourish regional trade and benefit businessmen of both the countries
MARCH 11 - MARCH 17, 2014
ormer Federal Board of Revenue Chief (Exports) Qurban Ali Khan admired the government decision to change rupee with dollar as currency for payments of business transactions with Afghanistan. The government decision to bind businessmen to carry out trade with their Afghan counterparts in dollar is deOinitely a sagacious decision at a right time which will surely boost trade and help strengthen foreign exchange reserves. Talking exclusively with Customs Today, Qurban Ali Khan, who has recently been transferred as Collector Sialkot,
men started reaping beneOits. He expressed the hope that trade with Afghanistan in dollar would bring forth multiple beneOits to say the least. Former FBR Chief (Exports) pointed out that the GSP-plus status was a land mark achievement which had been made possible after hectic efforts by the present as well as previous governments. “After getting this status, Pakistani businessmen now have unfettered access to European market which will result in drastic increase in the country’s exports, especially value-added goods,” he hoped, adding that it would boost the productivity, create job opportunities and provide relief to the loadshedding-ravaged industry. Qurban Ali revealed that the incumbent government was striving hard to enhance exports by 5 to 6 percent annually. Currently, Pakistani exports
tion could be utilised for enhancing trade which will produce astonishing results,” he elaborated, adding that major exports of cement could be enhanced through this transit point on the border with Afghanistan. “The more development we execute at borders, the more beneOits we will reap in shape of enhanced imports and exports which will help streamline trade and curb cross-border trafOicking,” he asserted. To a query about depreciating foreign reserves, Qurban Ali averred that the wide gulf between exports and imports was eating away at the foreign reserves. “Look into the ratio of our exports and imports, the exports stand at 23 billion dollars as compared to imports which are as high as 40 billion dollars,” he articulated. To another question, the former FBR Chief (exports) appreciated the govern-
maintained that the economic coordination committee (ECC) decision would have far-reaching impact on the national economy. He anticipated that the decision might draw reaction from small industrialists and traders due to the hassle entailed the new process, adding that all such reservations would subside in the long-term as soon as the business-
stood at 23 billion dollars per annum and the government was aiming to increase this ratio three times in the next three years. Qurban Ali observed that there was a gigantic Customs station lying dormant at Afghan border in Waziristan agency which was the second biggest station after Torkham Customs Station in Khyber Pakhtunkhwa. “This Customs sta-
ment’s proposed plan to grant reciprocal NDMA status to India which, he hoped, would Olourish regional trade and beneOit businessmen of both the countries. “India has already given the most favourite nation (MFN) status to Pakistan in 1996 but with strings attached due to which it had failed to beneOit both the neighbouring countries,” Qurban Ali concluded.
ISLAMABAD
FAIZA ISRAR
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SPECIALREPORT 07
— Exlusive Customs Today photo
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08 EDITORIAL
MARCH 11 - MARCH 17, 2014
Founder & Chairman Zulfiqar Ali Editor Rahil Yasin editor@customstoday.com.pk For advertising & subscription marketing@customstoday.com.pk +92-322-3370002 www.customstoday.com Phones: 042-35781643-4, Fax: 042-35781645 Address: 627, Siddiq Trade Centre, Gulberg, Lahore
edITORIAL
An uphill task
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he government has revised downward its overall fiscal framework in view of expected revenue shortfall faced by the Federal Board of Revenue (FBR) during the current fiscal year. In a crystal clear objective under the stringent IMF conditionalities, the main focus of the government is maintaining the budget deficit within the agreed limit with the Fund as both sides are striving hard to restrict this budget deficit in the range of 5.8 percent of GDP on June 30, 2014 against 8.8 percent of GDP in last financial year 2012-13. The FBR’s target was slashed down from Rs 2475 billion to Rs 2345 billion for the current fiscal year, bringing down the target by Rs 130 billion. Finance Minister Ishaq Dar had argued that soon after assuming reins of power on eve of the last budget their government had allocated bloc allocation of Rs 115 billion into the Public Sector Development Program (PSDP) and linked its release with materialization of the FBR’s desired target. As the FBR has been facing a revenue shortfall of Rs 100 billion in first eight months so this bloc allocation of Rs 115 billion also became irrelevant in view of new realities emerged on fiscal front. The FBR has so far collected Rs 1363 billion during July-February (2013-14) against Rs.1162 billion in the corresponding period of last fiscal year, reflecting a growth of 17 percent.The tax managers say that the FBR’s collection went up by 17 percent in the first eight months of the current fiscal year against a growth of 3 percent in last financial year. They also said that this year target of Rs 2475 billion could not be achieved because the baseline target was missed with huge margin as at time of budget making the FBR’s target was envisaged at Rs 2050 billion which materalized to the tune of Rs 1946 billion on June 30, 2013 so there was inbuilt shortfall of Rs 115 billion in envisaging the wishful target of Rs 2475 from day one. Keeping in view this background, the Finance Minister stated that he put bloc allocation of Rs 115 billion into the PSDP amid knowingly that the FBR might not achieve the desired target. In view of experience gained in Punjab, when the PML (N) led government won May 11 elections and presented the budget 201314 in haste so it created inbuilt cushion to adjust the FBR’s revenue shortfall without disturbing overall fiscal framework. In order to avoid further slippages on fiscal front, the FBR will have to work hard to display its desired tax collection target on June 30, 2014.The FBR will have to collect Rs 982 billion in remaining four months (March-June) period in order to achieve revised tax collection target of Rs 2345 billion which seems to be an uphill task.
Slow processing of refunds ISLAMABAD
Sm HAIdeR
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he stuck up of refunds on both sales tax and income tax has again surfaced as major issue confronting taxpayers of the country in the second half (Jan-June) of the current Oiscal year. The major difOiculty for taxpayers emerged where manual refund claims were made and Large Taxpayers Units (LTUs) and Regional Taxpayers OfOices (RTOs) preferred to meet their monthly targets instead of processing refunds of taxpayers that resulted into creating severe liquidity crunch for the businessmen. In order to resolve the lingering controversy of stuck up of refunds in last few months of the current Oiscal year the FBR has convened a meeting with stakeholders on March 13, 2014 at the Board’s headquarters to resolve this issue. As a matter of fact, those taxpayers who Oiled their refunds through electronic Oiling (Expeditious Refund System) they were not facing major difOiculties in obtaining their refunds
because this electronic system was providing refunds on the basis of Oirst come, Oirst serve basis. But those taxpayers who are Oiling claims through manual system, the FBR was facing teething problems for verifying their data, causing undue delay in repayment of refunds. The FBR has been facing an uphill task for scaling up its efforts to display highly ambitious tax collection target, which was already revised downward from Rs 2475 billion to Rs 2345 billion, for the current Oiscal year but materializing of this revised target required professional handling of tax affairs to achieve it on June 30, 2014. If one goes by the ofOicial Oigures, the payment of refunds does not seem major problem so far in the current Oiscal year. Alone in February 2014, the FBR has repaid sales tax refunds to the tune of R 1.9 billion against zero payment in the same month of the last Oinancial year. On Income Tax side, the FBR paid less refunds in February 2014 as it paid Rs 1.2 billion in this month of 2014 against payment of Rs 2.1 bil-
Showing ballooning growth in revenues through stopping refunds in a bid to please the ImF will not serve any purpose
lion in the same month of 2013, indicating almost 50 percent reduction in payment of refunds. In Oirst eight months (July-February) period of 2013-14, the FBR has repaid Rs 24 billion refunds against Rs 23 billion in the same period of the last Oinancial year. On Income Tax side, the payment of refunds went up in Oirst eight months as it stood at Rs 41 billion in July-Feb period of 2013-14 compared to payment of Rs 31 billion in the same period of the last Oinancial year. But keeping in view difOiculties of business community across the country, the FBR should Oind out solutions for those who are Oiling even manual claims. Showing ballooning growth in revenues through stopping refunds in a bid to please the IMF will not serve any purpose and in the larger interest of boosting economic activities the FBR should provide refunds to the taxpayers in timely manner in order to avoid Oinancial crunch for them at a time when the businessmen were facing innumerable difOiculties in the wake of deteriorated security situation and energy outages.
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NATIONAL
MARCH 11 - MARCH 17, 2014
09
Attempt to smuggle foreign currency foiled
ISLAMABAD: FIA Immigration Cell thwarted an attempt to smuggle $ 25,000 abroad from Islamabad Airport. A passenger was trying to smuggle the currency to Sharjah. FIA officials spotted him at the airport and took him into custody with the foreign currency. The arrested, Muhammad Ali, works for a ‘Hundi’ dealer and intended to move this foreign currency to Sharjah. A case will be registered against the currency carrier as rules and regulations allow to carry a maximum of $ 5,000 while travelling abroad.
WRITe TO uS YOuR gRIevANCeS: Through CuSTOmS TOdAY platform HeLp deSK, now you have chance to dIReCTLY write your problems to top govt. functionaries. If you have any grievances, queries, questions or suggestions, you can write in this section as it provides easiest access to you to approach Customs and Revenue authorities. WHO can write in this section? Importers & Exporters, Customs Agents, Chambers of Commerce, Trade Associations and Customs Officers TO WHOm you can write? Honourable PM, Minister/Secretary for Finance & Revenue, Minister/Secretary for Ports and Shipping, FBR Chairman, Member Customs and Chairperson Senate/National Assembly Standing Committee on Finance & Revenue. Send your letters at: letters@customstoday.com.pk
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ederal Tax Ombudsman (FTO) Abdur Rauf Chaudhry has expressed serious concern over the performance of customs appraisers and questioned that if the Appraisers cannot detect non-application of a Valuation Ruling in a Goods Declaration, how can they detect evaders indulged in avoidance of Valuation Rulings. The FTO remarked while deciding a complaint against the Customs authorities at Karachi for maladministration in passing an allegedly unlawful assessment order. The complaint was filed under Section 10(1) of the FTO Ordinance, 2000 against the Customs authorities at Karachi for maladministration in passing an allegedly unlawful assessment order dated January 16, 2010 and failing to accept the Complainant’s request to reopen the Order-in-Original (O-in-O) No 276/2013 dated April 4, 2013 under which a short levy of Rs48,476 was adjudged against the complainant.
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irectorate General of Customs Valuation has determined the customs values of food supplements (drinking powder Milo, Nesquick, Bournevita, Ovaltine, Complan and Horlicks, first time ever, through a Valuation Ruling No. 640/2014 under section 25-A of the Custom Act, 1969. Customs values of drinking powders including Milo, Nesquick, Bournevita, Ovaltine and Complan from all origins having Pakistan Customs Tariff code 1901.9090 and 2106.9090 and proposed PCT code for WeBOC 1901.9090.1000 and 2106.9090.1000 are fixed at $ 2.20 per kg. Similarly, the customs values of drinking powder (Horlicks) from all origins having PCT code 1901.9090 and 2106.9090 and proposed PCT code for WeBOC 1901.9090.1100 and 2106.9090.1100 are fixed at $ 3.00 per kg. It is pertinent to mention here that a revision petition against this ruling 640/2014 may be filed as provided under Section 25-D of the Customs Act, 1969, within 30 days from the date of issue, before the Director General of Directorate General of Customs Valuation. —CT Report
CuSTOmS TOdAY RepORT
The FTO observed that non-application of Valuation Ruling at the time of appraisement was another failure of the appraisement staff. The appraisement system followed by the Appraisement Collectorates is based on self-assessment which is cross-checked by the Customs experts known as “Appraisers” to point out any deficiency in declarations made by the importers/clearing agents to forestall post-clearance disputes of short-levies as one is involved in this case. Application of Valuation Rulings is therefore as much the obligation of importers/clearing agents as that of the Appraisement Staff. If the Appraises cannot detect non-application of a Valuation Ruling in a Goods Declaration, how can the Appraisement staff detect evaders indulged in avoidance of Valuation Rulings? Following the FTO’s directives, the FBR has directed Collector of Customs, MCC Appraisement (East) to reopen the case to examine the propriety and legality of the O-in-O No 276/2013 dated April 4, 2013; provide opportunity of hearing to the complainant and decide the matter as per law and report compliance within 45 days.
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Valuation Ruling for food supplements issued
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ith the aim to ferret out corruption and identify corrupt tax officials through integrity and performance evaluation, the Federal Board of Revenue (FBR) has decided to establish Performance and Integrity Management Unit (P&IMU) at its headquarters. FBR Chairman Tariq Bajwa took the decision in a meeting on the P&IMU held here. It has also been decided that the unit would exclusively work to ferret out corruption and take stringent measures for its elimination. The corrupt officials would be picked on the basis of their profiles covering integrity and performance in the field formations. It has also been decided that the proposed P&IMU is imperative for institutional arrangement in FBR to make assessments on the integrity and performance of its employees. The P&IMU is likely to be established in the HRM Wing of FBR Headquarters. A Committee, comprising Member (HRM), Member Inland Revenue Policy, Member Taxpayer Audit and Member information Technology, has been constituted to evaluate the proposals comprehensively and come up with its recommendations to the FBR. —CT Report
Unlawful assessment: FTO rues customs appraisers performance
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Fighting corruption within: FBR mulls setting up investigation unit over
ImpedimentsinroutineactivitiesofFBATI To, The Commissioner Karachi, Shoaib Ahmed Siddiqui Respected Sir, Through this letter, I would like to draw your kind attention towards some burning issues of the Federal B-Area Association of Trade and Industry (FBATI) including absence of adequate security measures around the FBATI area, routine traffic jam from ‘Shafiq Morr’ CNG station to Sohrab Goth, absence of emergency response centre, non-functioning of surveillance cameras in the vicinity of association, presence of encroachments and repairing of road networks in the entire area of FBATI. These prevailing issues are creating enormous impediments in routine activities of FBATI, putting a negative impact
on the economic activities of the country. Through this letter, I request you to play your effective role in order to release the annual development grant of the Association so that these issues could be resolved. As you know that the Federal B-Area Association of Trade and Industry (FBATI) is one of the largest industrial zones of Sindh province. Around 125,000 employees are working in 2500 industrial units of the FBATI. I hope that you will take appropriate action in this regard and raise the issues of FBATI before the authorities concerned at the high levels in the larger interest of the country. Yours’ Sincerely, Shaikh Muhammad Tahseen, President FBATI, Karachi
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10 PICTORIAL
MARCH 11 - MARCH 17, 2014
Lower ST rates for export sectors: FBR considering doing away with SRO 1125(I)/2011
ISLAMABAD: Federal Board of Revenue is considering withdrawal of lower sales tax rates facility (2 to 5 per cent) from five leading export-oriented sectors - textile, leather, carpets, surgical and sports goods under SRO 1125(I)/2011 and replacing it with the imposition of 17 per cent sales tax. This proposal is seen in the context of the IMF statement which hinted at the elimination of tax exemptions/concessions which is expected to help the FBR generate an additional Rs520 billion per annum.
FBRtosetupinvestigationunittocontrolcorruption pers, previous enquiries, case related correspondence and the tax record, whenever required. She suggested that the proposed IMU may be headed by a BS-20 ofOicer, reporting directly to the Member (HRM) or to the Member (Administration). The FBR chairman has been learnt to have asked the ofOicials to Oirst ascertain whether there is any need for an integrity management unit in FBR? He argued that
ISLAMABAD
CuSTOmS TOdAY RepORT www.customstoday.com
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ith the aim to ferret out corruption and identify corrupt tax ofOicials through integrity and performance evaluation, the Federal Board of Revenue (FBR) has decided to establish Performance and Integrity Management Unit (P&IMU) at its headquarters. FBR Chairman Tariq Bajwa took the decision in a meeting on the P&IMU held here. It has also been decided that the unit would exclusively work to ferret out corruption and take stringent measures for its elimination. The corrupt ofOicials would be picked on the basis of their proOiles covering integrity and performance in the Oield formations. It has also been decided that the proposed P&IMU is imperative for institutional arrangement in FBR to make assessments on the integrity and performance of its employees. The P&IMU is likely to be established in the HRM Wing of FBR Headquarters. A Committee, comprising Member (HRM), Member Inland Revenue Policy, Member Taxpayer Audit and Member information Technology, has been constituted to evaluate the proposals comprehensively and come up with its recommendations to the FBR. It has been learnt that FBR Member (HRM) Yasmin Saud proposed the establishment of Integrity Management Unit in the Human Resources Management Wing. She explained the provisions of FBR Act, 2007 which intend to uphold the values of FBR employees, including integrity, and reOlect upon FBR's resolve to combat corruption and ensure integrity. The provisions included internal controls, accountability system, removal of grievances, assessment of integrity and the code of conduct. Yasmin Saud elaborated the factors ne-
LAHORe: PM Nawaz Sharif cutting ribbon to inaugurate three-day Pakistan Auto Show-2014 organized by Pakistan Association of Automotive Parts and Accessories Manufacturers (PAAPAM).
cessitating the establishment of an Integrity Management Unit to carry out the functions of integrity reporting, complaints handling, preparation of ofOicers' proOiles, monitoring declaration of assets, coordinating with other agencies, developing curriculum on ethical values, generating periodical vigilance reports and developing a credible database of FBR employees. The Member (HRM) proposed that the proposed unit must have unhindered access to the annual assets declarations, personal records, PER dossiers, complaint pa-
KARACHI: High Commissioner of South Africa, Mpendulo Kumalo addresses to businessmen during his visit to Karachi Chambers of Commerce and Industries as the president KCCI, Abdullah Zaki is also present on the occasion.
there was no arrangement whatsoever that enabled the FBR management to assess the integrity of an ofOicial and to have access to a credible database in this regard. All the members of the board agreed that the initiative must be taken to implement the true spirit of FBR Act, 2007 as far as integrity management is concerned. By the common consent, the FBR chairman put three options to the board as regards placement of the proposed IMU i.e
the Administration Wing, the Directorates General of Intelligence & Investigation and the HRM Wing. Majority of the members were of the view that such a unit should be set up in the HRM Wing owing to the international best practices and the fact that HRM already deals with performance allowance of the employees. The Administration Wing is already overburdened whereas the Directorates General of Intelligence & Investigation are primarily dealing with cases related tax fraud and evasion. The third perspective highlighted dilated upon by the FBR chairman was that performance management of the employees
that also needs to be taken into account for the purposes of internal control and accountability. The performance allowance, for instance, is not adequately linked with the quantity and quality of output of the ofOicials and even the PERs hardly reOlect the true performance of an employee in a particular period. The authorities proposed that the Board must come up with an institutional arrangement for assessment of both the integrity and performance of its employees on the basis of certain laid down criterion and suggested a Performance and Integrity Management Unit in FBR Headquarters. It was also clariOied that complaint handling will not be the purview of the Performance and Integrity Management Unit and the existing arrangement shall continue.
ISLAmABAd: Ishaq Dar addresses at the launching ceremony of Financial Innovation Challenge Fund of the State Bank of Pakistan.
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CARTOONSSPCEIAL 11
pm incentive: FBR extends tax returns filing date till April 30
ISLAMABAD: An extension of two-months has been granted in the last date for filing of tax returns under the Prime Minister's tax incentive package up to April 30, 2014 to attract maximum persons, who intend to avail of the scheme. Earlier the last date for filing of returns under this package was February 28, 2014. However, considering the encouraging response to the Prime Minister's Package and the request of the tax bar associations, trade bodies and business community the federal government decided to extend the last date.
TdAp scam: FIA arrests 45 suspects ederal Investigation Agency has arrested 45 men for their alleged involvement in what has been termed Rs 1.27 billion scam of the Trade Development Authority of Pakistan relating to ‘misappropriation’of funds in export promotion schemes.The accused have been in judicial custody since rejection of their bail applications. Prime Minister Nawaz Sharif had directed the FIA on Aug 6 last year to collect evidence and initiate criminal proceedings against officials, exporters and companies involved in the scam.The arrested men include bank officials, auditors and businessmen. FIA sources said that Rs 142 million had already been recovered and property worth Rs 880 million attached.TDAP officials arrested include two former chief executives;Tariq Puri, who headed theTDAP from Oct 1, 2010, to July 7, 2012 and Abid Javed Akbar, who succeeded him and held the post till July 2013.The FIA has also arrested formerTDAP secretary Javed Anwar Khan, Director General of (facilitation) Abdul Karim Daudpota andTDAP Project Officer Mirchu Mal Khatri. FIA officials have given a detailed presentation about the case to Commerce Minister Khurram Dastgir who called upon the interior minister to speed up the investigation into the scam. He has also written a letter to the interior minister urging him to direct FIA officials to conclude the probe soon, sources said.The commerce minister directed FIA officials to ensure prosecution of all cases instituted against the accused and try to recover the misappropriated money.The commerce ministry had constituted a three-member committee headed by Additional Secretary Fazal Abbas Maken to investigate disbursements made under the export incentive schemes in 2010. According to aTDAP inquiry report, most of the payments were made on bogus documents, violating criteria laid down in public notices and business procedures. —CT Report
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“I can’t find anything wrong with this return. Just what are you trying to hide?”
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Published by M. F. Riaz, Off. 91, 3rd Flr, Gul Plaza, M.A. Rd., Karachi, for Customs Today and Printed at Dhoom Printing Press Masheer Mahal Building, Off: I. I. Chundrigar Road, Karachi