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PAKISTAN’S FIRST INdEPTH NEWSPAPER ON CuSTOMS
vol 2 Issue No. 16
Karachi, Tue May 06 - Mon May 12, 2014
Weekly
Regd. No, MC-1381
LINKINGOICOMBudSMEN
RS441.6M TAx FRAud OIC shall establish a communication link between the Ombudsmen of members to utilise collective expertise for common good of peoples, says President. | SEE PAGE 06 | PLANNINGOFITTMS
ONO ISSUED AGAINST PTCL TO RECOVER EVADED AMOUNT Penalty of Rs100m imposed on PTCL, Rs10m on Huawei Tech and Rs5m on Easter Freighter Services KARACHI
SOHAIL RAB KHAN www.customstoday.com
he Collectorate of Customs (Adjudication-I) on Wednesday issued Order-inOriginal (ONO) against M/s Pakistan Telecommunication Limited (PTCL), NTN 801599; its clearing agent M/s Eastern Freighter Services (CHAL No. 2442) and its contractor M/s Huawei Technologies in connection with mis-declaration/concealment in import values and quantity in Gd and fiscal fraud in clearance of telecommunication equipment to evade Customs duty (Cd) and other taxes. According to the details, M/s PTCL with the help of clearing agent M/s Eastern Freighter Services and its local contractor M/s Huawei Technologies imported telecommunication equipment which actual invoices valued Rs1,009,417,370 and
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In the planning of ITTMS we must think of 50 years ahead and develop concept papers accordingly, says Ishaq Dar. | SEE PAGE 04 | JuSTIFyING FREE TRAdE
evaded leviable duty/taxes amounting Rs441,650,943 in share of customs duty of Rs1,69,707,994; Rs181,240430 in share of sales tax; Rs10,094,174 in share of SEd and Rs80,608,345 in share of withholding tax (WHT). In the final judgment, the Collector Syed Shahanshah Hasnain of the Customs (Adjudication-I) stated that “the respondents shall deposit the aforesaid recoverable amount of duty and taxes in which a personal penalty of Rs100 million upon M/s Pakistan Telecommunication Limited (PTCL) and a personal penalty of Rs10 million has been imposed on M/s Huawei Technologies, which shall be deposited by them to national exchequer”.
No country grows unless it conducts trade with immediate neighbours. India andTaiwan have differences with China but they never halt trade, says Dastgir. | SEE PAGE 05 | SEEKINGREvIvAL
Businessmen are clearing their consignments from other dry ports which is an injustice to Multan Dry Port, says Rozi Khan. | SEE PAGE 10 | PTCL CEO Walid Irshaid
“I also hereby impose a personnel penalty of Rs5 million on clearing agent, i.e. M/s Eastern Freighter, who acted in connivance and collusion with M/s Pakistan Telecommunication Limited in order to deprive the government by its legitimate revenue,” the Collector declared. It is pertinent to mention here that the case was instituted by the directorate General of Customs Intelligence and Investigation, Regional Office on November 27, 2013 and the recent hearing of the case was conducted on April 29, 2014 and the final judgment in type of ONO was issued by Collectorate of Customs (Adjudication-I) on April 30, 2014.
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KARACHI
MAy 06 - MAy 12, 2014
Freight trains operations capacity crosses 100 a month
KARACHI: Karachi Railway Division has operated over 100 freight trains during the month of April. At present Pakistan Railway is operating an average three to four freight trains on daily basis and their frequency shall increase with the induction of the newly arrived locomotives from China. Each freight train is generating Rs 2.5 to 3 million in revenue. Pakistan Railways was in dire need of locomotives to carry out freight operations on priority since freight trains are the main source of income for railways.
SROs elimination looming
Duty cut likely to boost automobiles import he government is planning a considerable cut in customs duty on import of up to three-year-old automobiles of all capacities and to withdraw a number of tax exemptions being enjoyed by various groups through discriminatory statutory regulatory orders (SROs) in the next budget. According to reports, the government has in fact decided in principle to reduce duty on vehicles of different engine capacities to be imported under various schemes. A look in the duty slab reveals that there is 150 percent customs duty on import of bigger vehicles which appears unnatural and necessitates the need for a duty reduction across-the-board. But obviously the cut will be significantly bigger on big vehicles and smaller on small ones. Experts were of the view that by allowing bigger duty reduction on luxury vehicles the government did not want to favour the rich but it was because that the space for reducing 150pc duty was greater than cutting it from 45pc to 40pc on small cars.Vehicles having a capacity of over 2000cc are liable to 150pc duty. It is expected that the duty reduction will be across-the-board, for 800cc, 1300cc, 1800cc and even 3000cc and above but with varying percentage while the age of vehicles would remain unchanged at up to three years. It is to be noted that duty reduction was on the agenda of a meeting of the Economic Coordination Committee of the cabinet last week, but it could not be taken up.The ECC is expected to approve it in its next meeting. Officials said the government was trying to create a new classification of vehicles below 800cc capacity like 600cc and 700cc to encourage import of smaller cars like Indian Nano car. The focus would be on boosting revenue by increasing the number of vehicles rather than too much tax on fewer vehicles, they said. —CT Report
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Directorate gears up to add bulk oil, export modules inWeBOC he Directorate of Reforms and Automation-FBR is gearing up to install the modules including bulk oil and raw materials of export in SRO 326, 327 and 492 inWeb Based One Customs (WeBOC), computerized system by end of May, 2014. A senior officer of FBR informed CustomsToday that the Directorate of Reforms and Automation has completed 85 per cent work in this regard while 15 per cent of the work would be finished by the end of next month. He further told this scribe that the modules of Model Customs Collectorate (MCC)-Preventive and Air Freight Unit (AFU) would also be included inWeBOC from One Customs within a month. —CT Report
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Customs General Order issued for clearance of uS cargo by air KARACHI
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ederal Board of Revenue through a Customs General Order (CGO) No.01 of 2014 issued on April 28 has given consent in order to give effect to the decision of the Ministry of Defence, for the US proposal of multi-modal transit operations through Jinnah International Airport, Karachi for the transportation of 1628 vehicles for Afghan National Security Forces by air. Federal Board of Revenue has prescribed the following procedure on “one-time basis” under the relevant provisions of the Customs Act, 1969 read with CGO No.10 of 2012 for transit of US/ISAF/NATO cargo to Afghanistan through Jinnah International Airport, Karachi. Through CGO No.01 of 2014, Karachi Port shall be the port of entry and Jinnah International Airport shall be the airport of exit for the cargo, read the CGO. The CGO further stated that after completion of all customs formalities/procedures, sealing etc, the cargo shall be containerized before being gated-out from the port of entry, the cargo shall be transported on the speciQied routes notiQied by the Ministry of Defence, the transit cargo under this CGO shall only be transported by an authorized bonded carrier or transport operator licensed under Chapter XXV of the Customs Rules, 2001. It stated that the tracking and monitoring of cargo en-route, allowed transit under this CGO, shall be carried out in accordance with tracking and monitoring of Cargo Rules, 2012 notiQied by FBR vide SRO413(1)/2012 dated 25-04-2012 with the exception of afQixing track-
ing devices on the containers from the port of entry to the airport of exit. It stated that vehicles carrying transit cargo under this CGO shall not be required to get registered at the designated customs check-posts as provided under CGO 10/2012 dated 31-07-2012. The CGO 01/2014 elaborated the procedures at the airport of exit (Jinnah International Airport) that the appropriate customs ofQicer (Preventive OfQicer) at the airport of exit shall physically verify the shipping seals, customs seals to conQirm that these seals are intact and no tampering has been done. The information shall be fed in the system as per procedure prescribed under CGO 4 of 2007, and the same shall also be endorsed on the duplicate and quadruplicate copies of the Goods Declaration (GD). The CGO 01/2014 further stated the goods shall be weighed and examined, if required, at the airport of exit. The TCN number of the vehicles shall be checked and veriQied by the Appraising OfQicer/Examining OfQicer of the Directorate General of
Transit Trade. The appropriate customs ofQicer at the airport of exit, after fulQilling the formalities, shall retain the quadruplicate copy of the GD for their own record. The duplicate copy shall be endorsed with the mate receipt (MR) number to conQirm that the consignment has departed from the country. This copy shall then be sent to the port of entry within seven days of departure. According to the CGO 01/2014, the US Consulate, Karachi will provide a proof of delivery to customs within 30 days after the cargo is delivered to the consignee. Empty containers may be returned after discharging the cargo at the airport of exit. It is further stated that all the provisions of CGO 10/2012 dated 31 July, 2012 shall mutatis mutandis, apply to the cargo moving under this CGO. Director General of Transit Trade Khawar Farid Maneka informed Customs Today that after getting approval from Ministry of Defence, the operations would be started from the month of May, 2014 on “one-time” basis and the entire process of clearance of US/NATO/ISAF cargo would
be completed in a month. To a query, Maneka conQirmed that the law enforcing agencies (LEAs) including police, Rangers and others would be responsible for safeguarding the NATO/ISAF cargo from port of entry i.e. Karachi Port to the port of exit, Jinnah International Airport. Responding to a query, Director General, Directorate of Transit Trade Khawar Farid Maneka said that the chartered Boeing planes hired by US authorities would take the vehicles of NATO/ISAF to the destination, adding that the services charges would be charged by Pakistan's Civil Aviation Authority (CAA). "It would be a one-time basis procedure which would be completed in a month", conQirmed by DG Transit Trade. Directorate General of Transit Trade through an internal ofQice order has designated a team headed by Deputy Collector Mumtaz Raza, in order to ensure clearance of US/NATO/ISAF containers by air at Air Freight Unit (AFU). Liaquat Ali (PA), Irfan Baig (Appraiser), Tufail Ahmed (clerk) and Khurram Zaman (clerk) are also part of the team.
violation of concessionary regime
Sindh High Court rejects Bahria IconTower’s petition KARACHI
SOHAIL RAB KHAN www.customstoday.com
indh High Court has rejected the constitution petition filed by the management of Bahria Icon Tower against the notice issued by the Federal Board of Revenue. The Input-Output Co-efficient Organization (IOCO) of FBR has issued notice to the management of Bahria Icon Tower against the violation of Statutory Regulatory Order (SRO) 575(1)/2006 of the concessionary/exemption regime. The management of Bahria Icon Tower was interested to take wrong benefit of the SRO. In reply the FBR through a letter constrained the Bahria Icon Tower
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management to do so. The SRO 575(1)/2006 applied on the machinery, equipment and other items required for setting up, upgradation and expansion of hotels (3 stars and above), tourism, sporting and other recreation services related projects as approved by the Ministry of Tourism. It further stated that the tourism departments of provincial governments, GilgitBaltistan, FATA and department of tourist services of Capital Administration and Development Division shall approve the project. The project requirement shall, however, be determined by the Directorate of IOCO on the format prescribed as Annex-B to this notification. The authorized officer of IOCO shall furnish all relevant information online to Pakistan
Customs Computerized System against a specific user ID and password obtained under Section 155D of the Customs Act, 1969 (IV of 1969). Locally manufactured goods of description as specified in column (2) and pre-fabricated building can also be imported upon fulfillment of the following conditions: the exception shall be available on one time basis for setting up of new projects and expansion of existing ones, and shall not be available on the spare parts; only those importers shall be eligible to avail the aforesaid exception whose cases are recommended and forwarded by IOCO to FBR; and the goods shall not be sold or otherwise disposed of without prior approval of the FBR and the payment of customs-duties and taxes at statutory rates be leviable at the time of
import. Breach of this condition shall be construed as a criminal offence under the Customs Act, 1969; the importer shall furnish an undertaking in such form as may be prescribed by the Collector of Customs covering the amount of customs duties and taxes at the time of clearance of goods and shall declare that the goods shall be used or installed in the approved project; and the undertaking shall be discharged subsequently on production of a certificate of installation or consumption as per Annex-D to this notification within one year of the date of importation of the goods from the Assistant Collector or Deputy Collector of Customs within whose jurisdiction the project is located to the effect that the goods have been duly installed or consumed, as the case may be.
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KARACHI 03
MAy 06 - MAy 12, 2014
Customs court cancels bails of six
LAHORE: Special Judge Customs Tanveer Akbar has cancelled bails of six persons accused of evading customs duty worth millions of rupees on import of betel leaves. The Customs Investigation and Prosecution Department has arrested the accused on three days remand for recovery of taxes and documents from the accused. The six accused in custody include Ijaz Golati, Amir Yousaf, Saeed Khalid Ali, Fasial Zahoor and two others.
Misusing tax exemptions
— Exclusive Customs Today photo
DI&I seizes consignment of MilestoneTextile Ltd
irectorate of Intelligence and Investigation, Karachi seized a consignment of polyester knitted stretchable fabric on April 29, 2014 atWest Wharf.The goods were cleared from the Karachi Port. Sources further informed CustomsToday that benefit of SRO 492(1)/2009 was wrongly claimed by the importing company, MilestoneTextile Limited Karachi. The amount of duty and taxes was worked out to be Rs 5.839 million. Sources further told CustomsToday that the same importer has already got cleared three consignments of identical goods.The importer is exerting undue pressure on Directorate General I&I. No legal action has been taken or FIR registered in this case till filing of the report. —CT Report
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Customswithholds150 consignmentsofcellphones akistan Customs has withheld 150 consignments of cell phones due to inability of PTA to provide clearance report. Furthermore, Directorate General of Intelligence and Investigation -Customs has started looking into matters pertaining to clearance of cell phones imported from China during the previous one month. Sources said that customs department started the investigation due to clearance of consignments on fake PTA No Objection Certificate (NOC). Security agencies have reported several times that the EMI numbers of cell phones imported from China are not checked properly due to which they cannot be quantified. For the same reason law enforcement agencies face difficulty in tracing or shutting down the cell phones used in terrorist activities, extortion, street crimes, etc. —CT Report
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Green Star Social Marketing ordered to pay Rs1.52 crore KARAC HI
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he Collector Syed Shahanshah Hasnain of the Collectorate of Adjudication-I has issued three Order-in Original (ONOs) containing numbers: 547/2013-14, 548/201314 and 549/2013-14 against M/s Green Star Social Marketing, Pakistan (Guarantee) Ltd for availing undue benefit of the exemption from whole of the Sales Tax and Income Tax under special classifications provisions of Chapter 9927 and recovered an amount of Rs15,139,386 in share of Sales Tax, Additional Sales Tax and Income Tax. While the Collectorate of Adjudication-I has also imposed Rs1,500,000 as fine and Rs1,500,000 as penalty. According to the details, the case was instituted by MCC-Port Muhammad Bin Qasim on 30-062013. The hearings of the case were held on 25-11-2013, 12-122013, 24-12-2013, 06-01-2014, 15-01-2014, 22-01-2014 and 2901-2014. The Collector Syed Shahanshah Hasnain made the judgment in the case on April 24, 2014. As per details, it was reported by MCC-Port Muhammad Bin Qasim that M/s Green Star Social Marketing, Pakistan (Guarantee),
Limited had imported consignments vide IGM No.350, dated 0509-2012, Index No.29, declared to contain contraceptive IUD-Intrauterine Device Multiload Cu375 standard, quantity 199500units and Qiled a Goods Declaration bearing No.KPPI-HC-
9926-15-09-2012 in computerized system WeBOC, at MCCPort Muhammad Bin Qasim for clearance thereof under the special classiQication provisions available vides Chapter 9927 of Customs Tariff. According to the details, the claimed special classiQication provisions under Chapter 9927, allows exemption of customs duty only, however; leviable to Sales Tax at 16per cent, additional Sales Tax at 3per cent and Income Tax at 5per cent. The Goods Declaration was accordingly processed
by the assessing staff but Qinal demand of taxes was not transmitted to the importers due to the reason that the WeBOC comput-
erized system was not updated to this effect. Nevertheless, being a reputable organization, it was an ethical obligation of the importers to inform the Customs regarding short payment of government taxes but they failed to do the same. Therefore, the importers have got to clear of their goods without payment of leviable Sales Tax Rs3,136,080, additional Sales Tax Rs682,097 and Income Tax Rs1,170,934 and the government would have been lost to its legitimate revenue to the tune of Rs4,989,111. All the three ONOs against the
importers stated that the importers M/s Green Star Social Marketing, Pakistan have therefore contravened the provisions of Section 32(3) of the Customs Act, 1969, Section 3 & 6 of the Sales Tax Act, 1990 and Section 148 of the Income Tax Ordinance, 2000; punishable under Clauses (14) of the Section 156(1) of the Customs Act, 1969, read with the notiQication SRO499(1)/2009 dated 13-06-2009 and Clause 5 & 6 of Section 33 of the Sales Tax Act, 1990 and Section 148 of the Income Tax Ordinance, 2000. Therefore, in the light of above reported facts presented by MCCPort Muhammad Bin Qasim, M/s Green Star Social Marketing, Pakistan were called upon to showcause as to why impugned goods should not be conQiscated and penal proceedings should not be initiated against for violation of above mentioned provision of law. The Collector of the Collectorate Adjudication-I in his judgment stated that “I have examined the record as well as heard both sides in details. A Qine of Rs500,000 and a personal penalty of Rs500,000 against each ONO has imposed on the importer which is recoverable from them by the department. The case is disposed off accordingly”.
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04 NATIONAL
MAy 06 - MAy 12, 2014
KPT gets new chairman
KARACHI: Vice Admiral Shafqat Jawed has taken charge as Chairman of Karachi Port Trust. He is the 31st Chairman of Karachi Port Trust. He brings in vast experience of navy and marine operations. His career started when he was commissioned in the operations branch of the Pakistan Navy in June 1978. He had taken professional courses including Naval Command Course (USA) and National Defence Course at NDU.
Steel re-rolling mill booked for mis-declaration odel Customs Collectorate of Port Muhammad Bin Qasim has detected a case of mis-declaration against the importer M/s A F Steel Rerolling Mills. MCC Port Qasim has found an imported consignment declared to be‘re-roll able semi finished cobble coils’in the import documents as well as Goods Declaration (GD) vide IGM No.143, Index No. 108 and filed into Bonding GD vide machine No. KPPI-IB-45247-14-04-2014 under Pakistan Customs Tariff (PCT) heading 7208.3690. Afterwards, the goods were examined under first examination system for verification of description/PCT/quantity/weight under Red category and the shed staff during physical examination, found that the goods were Hot rolled steel sheets in coils of secondary quality, classifiable under PCT code 7208.3610 levying customs duty at 20 per cent instead of declared re-roll able semi finished cobble coils, PCT code 7208.3690 with leviable customs duty at 10 per cent. —CT Report
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Incentiveschemeexpires he deadline for availing the Prime Minister Tax Incentive Scheme has expired amid failure to attract investors for declaring their investment and coming into the normal taxation regime. This was despite the incentives that the income source would not be probed if a fixed amount was paid. Provisionally around Rs 200 million taxes have been deposited under this scheme. Under the scheme, in some key productive sectors, there was immunity from tax scrutiny on source of new investment. Additionally, the current tax filers who paid 25 per cent more income tax than the previous year had an immunity from routine audit. There was immunity from routine audit, penalties and interests for non-filer registered taxpayers that were not filing tax returns. —CT Report
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Dar directs FBR to develop master plan for integrated transit trade system Trade facilitation measures require realistic timeframes that have to include long-term implications, acquire the support of all stakeholders and to take into consideration the financial viability of projects ISLAMABAD
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he Federal Minister for Finance Senator Mohammad Ishaq Dar directed Federal Board of Revenue to chalk out a comprehensive master plan for implementing Integrated Transit Trade Management System (ITTMS) for both land and sea ports. In the Qirst meeting of the Steering Committee on Integrated Transit Trade Management System (ITTMS), the Finance Minister directed the committee to collect relevant data from concerned ministries of all the pending agreements on transit trade and their latest status. The Finance Minister said that trade facilitation measures require realistic timeframes that have to include long-term implications, acquire the support of all stakeholders and to take into consideration the Qinancial viability of projects. He emphasised that in the planning phase we must think of 50 years ahead and develop concept papers accordingly. He directed the FBR to simultaneously develop integrated master plan for integrated transit trade management system for both land and sea ports. He added that we have to move on fast track and advance our targets. The committee decided to form a subcommittee consisting of four members; Secretary Defence, Secretary Commerce, Chairman FBR and a representative of ADB to visit the sites to review the existing arrangements and identify the impediments for future up-gradation of the land ports. The sub-committee will present its recommendations before the committee. The committee also decided that a con-
cept paper will be developed outlining the detailed work plan. PC1 will be prepared by FBR and on a parallel track all stakeholders will also provide inputs and proposals for establishing "Land Port Authority" to be responsible for looking after the project on permanent basis. For the time being FBR will be the focal operating authority for the project. Chairman FBR Tariq Bajwa in a detailed presentation to the Steering Committee said that the committee has been formed in line with the vision of the Prime Minister to make Pakistan emerge as a trade and transit hub of South Asia and Central Asia. He informed about the status of existing conditions at the land ports. He identiQied that
Land Port Authority will be responsible for looking after project on permanent basis
there are space constraints at all border stations, inadequate and non-integrated scanning facilities at Karachi and Wagha, no scanning facility at other land ports, poorly equipped and untrained workforce, and delayed clearances. The committee was also informed that the Asian Development Bank is expected to provide funds up to $100 million for the project in 2014. Sartaj Aziz, Advisor to the Prime Minister on Foreign Affairs and National Security informed the committee that other regional countries are fast developing their ports and transit trade facilities and in order to develop an integrate transit trade, Pakistan will have to consider signing TIR Convention 1975.
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LAHORE 05
MAy 06 - MAy 12, 2014
ASF confiscates over 2kg heroin at airport
LAHORE: Airport Security Force at Allama Iqbal International Airport have seized more than 2 kg heroin and arrested three persons. The arrested persons were drug traffickers including a female passenger, aged over 50 years of age and another passenger. Both passengers were supposed to board the same flight to Dubai and smuggle narcotics further to Liberia. A facilitator was also arrested who had visited airport to facilitate the drug traffickers in smuggling the heroin.
Trade with neighboring countries inevitable to make progress: dastgir
Ferry service starts from Pakistan to Iran: Michael
ederal Port and Shipping Minister Kamran Michael has announced the commencement of ferry service from Pakistan to Iran to provide a secure mode of transportation to the devotees visiting religious sites in the latter. Ferries will travel from Karachi to port of Chahbahar in Iran. Commencement of operations shall take place from the month of May. Michael said that the service is being started on Prime Minister Nawaz Sharif’s directive in view of the increasing terror attacks on the buses en route to Iran via province of Balochistan. Speaking at the high tea arranged in his honour by the Karachi Union of Journalists (KUJ), the minister said that the speedboats service is also being started from Karachi which shall deliver prepared food within 24 to 28 hours to the Gulf States. He said that the Ports and Shipping Ministry was also going to sign an agreement with Sri Lankan government, which will use Pakistan’s vessels for import and export purposes. He said this would be a conspicuous,‘first of its kind’agreement in the world. “The ministry is also purchasing two new oil tankers for Pakistan National Shipping Corporation. After their inclusion the number of ships in Pakistan’s fleet will rise to 11,” Kamran Michael added. —CT Report
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M HAyAT
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rade with the neighbors is inevitable in order to make economic progress. Energy crisis and extremism are the two major impediments in the way of economic growth and development of the country but the government is doing its utmost to arrest the hurdles to bring the economy on track. This was stated by the Commerce Minister Khurram Dastgir while interacting with the economic journalists at the Trade Development Authority of Pakistan (TDAP) Lahore ofQice on Saturday. Khurram said that the government has also been working on eradicating the extremism, which is really very uphill task, due to which the economic activities have been hit hard. The minister also highlighted the government’s achievement on attaining GSP plus status. Visa regime and unavailability of banking infrastructure between India and Pakistan are the major nontariff barriers, the minister said, hoping that the government will be able to resolve these issues soon to facilitate bilateral trade with India. During the last 30 years whole the world has decided to undertake trade with the neighboring countries setting aside their social, political and ideological differences with each other, the minister said while discussing India and Pakistan trade. “We have to give importance to the trade with neighboring country especially with India as no country can make economic growth unless it con-
— Exclusive Customs Today photo
— Exclusive Customs Today photo
LAHORE
MoC sets up cell for monitoring of trade with India ederal Commerce Minister Khurram Dastgir has said that the Ministry of Commerce (MoC) has established an ‘India Cell’to scrutinize the agriculture trade with India in collaboration withWagha Agri Trade Committee. While chairing a high level meeting of the commerce ministry, the minister said that the government will monitor the trade of agricultural items with India with the help of Wagha AgriTrade Committee.Talking about trade of agricultural items with India, Dastgir further said that government could not leave the local farmers on the mercy of any lossmaking situation. He said thatWagha Agri Trade Committee and India Cell would regularly present their report to the commerce
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ministry regarding details on trade with India. The committee would present its report for the solution of any trade issue.The committee would work under the supervision of Director GeneralTrade Development Authority Lahore. Other members of the committee would comprise officials from Pakistan CustomsWagha Lahore, National Logistic CellWagha Lahore, Pakistan National Accreditation Council, Department of Plant Protection Karachi, Animal Quarantine Department Lahore, Provincial Agriculture Department, District Administration Lahore, President of Farmers Association of Pakistan, Chairman Rice Exporters Association Pakistan and Chairman Pakistan Kissan Ittehad along with others. —CT Report
ducts open trade beyond its borders, the minister said highlighting that India and Taiwan have major differences with China but they never halted trade with China,” he added. It is incorrect that Pakistan’s local industry and agriculture would face closure if India and Pakistan trade is opened, the minister stated, elaborating both the countries have been conducting 85 percent trade with each other for the last 26 month and nothing bad had happened to Pakistani products, the minister of commerce Khurram Dastgir said. Pakistani products have tremendous potential and can vie with the world but failed to capture international market because of improper branding and marketing, the minister said. “We cannot exploit the economic potential unless the two hurdles namely energy shortage and extremism are tamed,” the commerce minister said. He said that the government is fast advancing towards doubling the cheaper energy generation capacity. “Pakistan is producing 70 percent electricity with furnace oil which is not viable due to high cost of production. We are taking every possible step to shift from furnace oil to coal based production of electricity which is far cheaper than that of the furnace oil generation of the electricity,” the federal minister said. All the new energy installment including Gaddani Energy Park, two units at the Port Qasim and the new units which will be set up in Punjab, will generate energy with coal, he added. In the next 12 to 18 months, when these coal based projects would start generating electricity with coal, there would not only be abundance of electricity but also cheaper electricity for the consumers, he hoped.
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SPECIALREPORT
MAy 06 - MAy 12, 2014
1. Federal Ombudsman Salman Farooqi giving an impressive speech at conference on Networking of Ombudsm speech during the conference 3. President Mamnoon Hussain delivering a speech during a conference 5. Justice a speech at the conference 7. dr. Mira Phailbus (SI) Ombudsperson Punjab and other Ombudsmen listening to P of the Islamic Republic of Iran giving an impressive speech 11. Professor Mrs. Elmira Sulemanova Commissione National Assembly Sardar Ayaz Sadiq presenting shield to Salman Farooqi Federal Ombudsman 4, 6, 9, 10, 13-1
PRESIDENT CALLS FOROICWIDE OMBUDSMEN LINKAGE
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ISLAMBAD
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resident Mamnoon Hussain has 7 stressed the need for member states of Organisation of Islamic Cooperation to establish a communication link between the Ombudsmen of member states to utilise knowledge, experience and ideas for the common This conference has good of peoprovided a golden ples of opportunity to put in member countries. place an electronic He made highway for bringing this propothe Ombudsmen closer sition as he addressed a than ever moot on Networking of Ombudsmen in OIC Member States attended by delegates from 57 countries. The President urged on utilization of latest communication technology for greater interaction among the Ombudsmen of Muslim countries to achieve the objectives of improved governance, peace, prosperity and social justice. 17 “Given the executive will and reasonable Qinancial support this enhanced connectivity can launch a new revolution in bringing supranational Ombudsmen together under the OIC ambit,” the President said. He said that this splendid development has provided a golden opportunity to put in place an electronic highway for bringing the Ombudsmen closer than ever. President Mamnoon reminded of the basic outline for the conference as agreed upon in the 39th 18 session of the OIC Council of Foreign Ministers’ Conference held at Djibouti in November 2012. On the initiative of the Pakistani Foreign Minister, the decision to link up the OIC Ombudsmen was taken to make them effective agents of change in bringing about a signiQicant improvement in governance in each OIC country. The President said that the modern Ombudsman was a variant of the Islamic era Mohtasib, who enforced accountability of public ofQicials and enjoyed complete autonomy and functioned within a documented framework. Pakistan, he said, has been eager to promote new norms of Ombudsmanship and pointed that the country’s Federal Ombudsman enjoys legal guarantees of tenure, autonomy and scope of authority.
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decision to link up OIC Ombudsmen is taken to make them effective agents of change in bringing about a significant improveme in governance
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SPECIALREPORT 07
MAy 06 - MAy 12, 2014
men Officers in OIC Members States at a local hotel 2. Speaker National Assembly Sardar Ayaz Sadiq delivering a e(R)yasmeen Abbasi Federal Ombudsperson for protection against harassment of women at workplace giving President Mamnoon’s speech during the conference 8. valiollah vice President General Inspection Organization r for Human Rights and Ombudsman Republic of Azerbaijan giving speech during the conference 12. Speaker 18. Ombudsmen of OIC countries participate in the conference .
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cy and are keys to n e i c Effi arency transp ccess of tion u t i u t s s n e I th sman embraced d u b Om as been ntries u h o t c a e h th st of t today o m y b world e h t n i 9
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NETWORKING OF OMBUDSMEN VITAL FOR GOOD GOVERNANCE: FTO ISLAMABAD
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hile expressing his pleasure at the OIC moot on Networking of Ombudsmen, Federal Tax Ombudsman Chaudhry Abdur Rauf said networking of the Ombudsmen was necessary to increase effectiveness of good governance, besides making the institution strong and vibrant. He greeted the Organisation of Islamic Co-operation delegates to the Conference on ‘Networking of Ombudsmen in OIC
Member States’ at Islamabad. He expressed his view on governance as central to statecraft and that the Ombudsman oversight system was all about ensuring good governance. “History teaches us that states prosper when they are able to run their affairs in an orderly fashion and in a manner that is perceived by the common man to be transparent, equitable, fair and just. This can only be possible if those charged with administering laws do so efQiciently with knowledge and without any bias or discrimination,” he observed. Thus, he said, efQiciency and transparency are keys to the success of Om-
budsman Institution that has been embraced by most of the countries in the world today. “In the group of Muslim countries called the Organisation of Islamic Cooperation (OIC) the Ombudsman ofQice exists in some 31 countries out of total membership of 57. In the formal trappings of his ofQice the OIC Ombudsman today is no different from other Ombudsmen in the world. However, as members of the Muslim Ummah they do have a special relationship that bonds them together in a spiritual quest for the co-operative betterment of all their citizens in all spheres of life,” he added. FTO Rauf said that cooperative effort is
a powerful source of betterment. “The Pakistan Foreign Minister proposed in November 2012 Ministerial Meeting of OIC at Djibouti that OIC countries Ombudsmen collaborate through networking of their offices to enhance their effectiveness as agents of change in the OIC countries as a whole. It was an expression of the universal human yearning to reach new and higher threshold of socioeconomic development. In this day and age when knowledge, technological sophistication and economic development go hand in hand there is no reason for countries and people to remain under developed, ” he commented.
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08 EDITORIAL
MAy 06 - MAy 12, 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
Rs603b target: FBR to run against time
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BR has been facing a gigantic task of collecting Rs603 billion in last two months of May and June 2014 for display the revised tax target of Rs 2345 billion on its board. A collection of over Rs300 billion will not be an easy task at a time growth of imports choked, inflation coming down and exchange rate improved in last few months. The decreasing inflation and appreciation of rupee are good omen for the overall performance of the national economy but in FBR’s prospective these two developments have played havoc with its efforts to maximize revenue collection. In first ten months (July-April) period of the current fiscal year, the FBR’s collection stands at Rs 1742 billion. For achieving the revised downward target of Rs 2345 billion, the FBR will have to collect Rs 603 billion in remaining two months (May and June) for achieving the desired target. It seems that Finance Minister Ishaq Dar will have to implement its warning where he told tax authorities that if the collection did not improve then he would start sitting in Revenue Division. But despite his warning, the FBR has remained unable in achieving the collection target of last month (April) as it missed out with huge margin of Rs 29 billion. Against the fixed target of Rs 196 billion, the FBR’s collection stood at Rs 167 billion in accordance with provisional tax collection figures compiled by the FBR.The FBR is facing shortfall in achieving the revised tax target at a time when Pakistan and the IMF authorities are holding third review talks at Dubai. The government had set an ambitious tax target of Rs 2475 billion on eve of budget for this ongoing fiscal year but the IMF had projected it to the tune of Rs 2345 billion from day one. Now the revised tax target of Rs 2345 billion seems in doldrums as the Board will have to collect over Rs 603 billion in just last two months of current financial year. In view of bleak situation, the FBR’s top notches including Chairman FBR and four line members have devised policy to accelerate their efforts for maximizing revenue collection efforts for reaching nearing to the desired tax collection target of Rs 2345 billion. Under the strategy, the FBR has directed the field formations to plug leakages, focus upon collecting withholding taxes and make all out efforts for achieving their specific monthly targets. However, if the FBR’s missed out its revised target then it might be hard for the economic managers to avoid hiking the budget deficit target envisaged at 5.8 percent of the GDP in line with the IMF program. Either the government will have to rely upon the non tax revenue or cut down its expenditures to curtail the budget deficit within the agreed limits of the IMF.
Resuming loan programmes
Govt needs to focus on key structural issues ISLAMABAD
SM HAIdER
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he World Bank and Asian Development Bank have resumed loan programmes after four years hiatus. Both these multilateral Qinancial institutions had suspended concessionary loan programmes in 2010 when the IMF had cancelled its previous Standby Arrangement (SBA) programme during the tenure of PPP. The World Bank’s Executive Board has approved Country Partnership Strategy (CPS) for Pakistan under which the Washington based Bank would provide $11 billion for various initiatives in next Qive years. In the aftermath of striking deal with the IMF by securing $6.67 billion and successfully getting three tranches, the WB has lauded the government’s performance for pursuing economic reforms including a stronger focus on private sector involvement and other poverty alleviating measures. The WB recognized that despite difQicult economic situation, the incumbent government’s reforms are going in right direction which are inevitable to lead the country on the path to economic re-
covery and stability. “The rising foreign reserves of Pakistan is a good omen, but what is critical now is to stay focused on the implementation of reform programme to create Qiscal space for sustainable social protection programmes that support the poorest and most vulnerable people,” said the WB high-ups. Successful reviews by the International Monetary Fund and the rapid implementation of initial reform actions are positive signs and the World Bank Group stands ready to help Pakistan through lending, private sector involvement and knowledge support. The use of US $1.7 billion from IDA, the World Bank’s fund for the poorest, is part of the Bank’s support to the country. Target areas will be policy reforms in the energy sector, revenue mobilization, governance, social sectors, and investment into hydropower. The World Bank’s engagement in Pakistan will continue to be guided by its principle of selectivity, operational policy, and areas of comparative advantage. The WB also welcomed Pakistan’s role in regional cooperation, for example on power connectivity with neighboring India, and the recently approved transformative power transmission proj-
Govt will have to overcome lingering power outages to achieve sustained economic progress
ect, Central Asia-South Asia (CASA1000). On other hand, the ADB had also approved $400 million to help Pakistan end crippling power crisis. Under the loan programme, Pakistan will undertake different reforms in power sector including rationalizing tariff and avoiding piling up of monster of circular debt as well as improving governance in this sector. It will also back reforms to reduce power losses and encourage more sector involvement from the private sector and improving transparency and accountability. The full programme is expected to total $1.2 billion, with future amounts subject to further discussions between ADB and the government. For the Qirst sub-program, coQinancing from Japan of JPY5 billion ($49 million) and the World Bank of $600 million is expected. The full programme is due for completion by June 2018. With resumption of loan program from both the WB and ADB, now the government will have to focus on key structural issues confronted by the economy to ensure higher growth trajectory. Meanwhile, the government will have to overcome lingering power outages to achieve turnaround of the economy on sustained basis.
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MAy 06 - MAy 12, 2014
09
Albania and Kosovo to have joint customs
TIRANE: Albania and Kosovo are taking steps for a new cooperation chapter which include the establishment of a joint customs terminal to facilitate transport of goods. Some reports suggest that the two countries shall be unified in the long term due to their ethnic unity. “The creation of joint terminals and customs offices is a necessity to make it easier in all aspects. The approach will include logistics, unification of procedures, drastic reduction of controls and processing time for reducing evasion and illegal traffic.
Rs167b revenue collected in April rovisional revenue collection figures compiled by the Federal Board of Revenue in the tenth month of the current fiscal year i.e. the month of April 2014 have come out to be around Rs 167 billion against the target of Rs 196.4 billion. The shortfall for the month of April 2014 stands at over Rs 29 billion. By now, FBR’s net collection stands at Rs 1,743 billion in the period from July 2013 to April 2014.This leaves FBR with a task of collecting around Rs 603 billion in two months, May and June. April’s revenue collection this year reflects a growth of around 9.5 per cent against collection of Rs 152.5 billion in April 2013.The provisional revenue collection in the period from July 2013 to April 2014 shows a growth of around 15.5 per cent against collection of Rs 1509 billion in the corresponding period of previous fiscal year.The govt would have to struggle to maintain budget deficit at 5.8 per cent of the GDP. FBR withholds Rs 97 billion in refunds. —CT Report
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Govt urged to finalise tax returns by June 30 he President KarachiTax Bar Association (KTBA) MuhammadWaseem Hashmi has urged the Finance Ministry to finalize the date of income tax returns up to June 30 instead of September 30 so that the business community could file their tax returns on time. He expressed these views while talking to CustomsToday at his office. Hashmi demanded of the government and Ministry of Finance to allow the adjustments in tax returns for taxpayers through its amnesty scheme.“Adjustment facility should also be provided to the salaried persons through amnesty scheme in order to expand the tax net”, he further demanded. —CT Report
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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
Business community in favour of documentation of economy: Kashif LAHORE
M HAyAT
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usinessmen are willing to pay taxes but the tax system is one big impediment in the way of broadening of tax net. This was stated by Kashif Anwar, Vice President of Lahore Chamber of Commerce and Industry while talking exclusively to Customs Today. On widening of tax net, Kashif Anwar said that all the businessmen were in favour of documentation of the economy but new taxation measures are against all norms. “Is it not ironic that legislation for the business community is being done without their consultation?” he questioned. Kashif Anwar has served as Convener of Standing Committee on Anti Fake, Anti Adulteration and Anti Smuggling, Convener of Standing Committee on TrafQic Police Liaison and co-Convener of LCCI Liaison Committee on Finance, Taxation & Sales Tax. While continuing his say on the issues being faced by the trade and industry, he emphasised that taxation issues were leaving negative impacts on the competitiveness of Pakistani merchandise both in local and foreign markets. “Rising risk perception about investing into Pakistan is hitting hard the Foreign Direct Investment and needs to be tackled through a comprehensive policy approach by involving Chambers of Commerce in the
— Exclusive Customs Today photo
If Pakistani businessmen can cope with Chinese products then there is nothing to worry about Indian ones but definitely we need to put our house in order first
country,” he suggested. Kashif Anwar warned that the fall in Foreign Direct Investment was likely to affect adversely the country’s economic growth. Therefore, the government should adopt remedial measures to reverse this trend and to attract foreign investment, he said, adding that strong measures should be taken to attract foreign investment, he added. On grant of MFN status to India, Kashif Anwar said that the business community is in favour of trade with India but the government would have to satiate the reservations of certain sectors including pharmaceuticals and auto sector. Trade with India, he
said, should be opened but not at the cost of local industry. He was of the view, “If Pakistani businessmen can cope with Chinese products then there is nothing to worry about Indian ones but deQinitely we need to put our house in order Qirst. We must be strong enough internally because it is one’s weakness which exposes one to threats.” “I am a keen advocate of trade among the regional countries and particularly with the bordering states. We can easily wear off the intensity of global Qinancial threats by increasing our trade in the region,” said Kashif Anwar. He continued to express his apprehensions about the economy saying, “Bad law and order situation not only hurts local investments but also keeps the foreign investors away. In my opinion it always turns a country into a trading place instead of a manufacturing hub.” “Duty and tax remission on exports has also become a major problem for the genuine exporters,” Anwar concluded. Anwar also stressed the need for exploration of new markets to jackup export volume. He said, “Due focus should also be given to non-traditional items for which Pakistan has sufQicient expertise and potential as well. Potential markets include China, Turkey, Central Asian States and African countries. The fact that their locations are invariably in the developing world means that these markets will show healthy growth when developed markets begin contraction and prove out to be a major asset in the future.”
Appeal to extend provincial incentive scheme To, Honourable Chief Minister, Sindh Respected Sir, We feel pleasure to introduce Karachi Tax Bar Association (KTBA) which comprises of more than 1800 members consisting of lawyers, chartered accountants, cost and management accountants and tax practitioners, who are providing services to a large number of taxpayers in the matters of taxation and corporate affairs for more than Qive decades. We take this opportunity to appreciate the economic reforms and developments initiated by the Sindh Government under your able leadership and guidance. We are very delighted to know that this year your government has doubled the development expenditure in comparison to last year for major initiatives for
the development of Thar coal project. We also appreciate the initiatives taken by the Ministry of Finance of chalking out Sindh Revenue Mobilization Plan and establishment of tax reforms unit. We have come to know that after a detailed discussion of four months by the high-ups of Sindh Revenue Board (SRB) with the government of Sindh an incentive package was issued for sales tax on services relating to taxpayers/WHT agents, who failed to pay sales tax on services or payment of Withheld amount of Sindh Sales Tax vide NotiQication No.SRB-34/7/2014 dated April 17, 2014. We are of the view that the time frame of only 13 days given in the aforesaid notiQication is quite insufQicient. We feel that a large number of defaulters would like to avail this scheme. You would appreciate that this is covering the period from July
2011 consisting of more than three and half years and e-Qiling of almost 40 returns. Laws and incentives are always made for the greater and larger share of taxes as future client of Sindh Revenue Board. A scheme which is not properly availed by all the taxpayers cannot be considered as fruitful and result oriented scheme. In a meeting held with high-ups of SRB which was led by Syed Waseemuddin Hashmi, the President of KTBA along with a delegation requested for extension of above incentive scheme beyond April 30, 2014 and SRB team showed their inability in extending the date of the scheme. KTBA and its parent Bar namely Pakistan Tax Bar Association (PTBA) led by Munawar Hussain Shaikh, Qirmly believes that circumstances and eventualities extensively men-
tioned in the scheme could become fruitful and beneQicial for all the tax payers provided the same is extended till 15 June, 2014. We, therefore, solicit your kind indulgence and intervention in the matter considering in the larger interest of the province of Sindh, to direct the SRB to extend the date of the scheme till June 15, 2014, so that all the affected persons would be able to get the real beneQits of this scheme in order to make a success venture for SRB as well. In the end, we assure you to work hand in hand with your government for better and prosperous Sindh province. Your timely intervention in the said matter would highly be solicited. Muhammad Aleem, General Secretary, Karachi Tax Bar Association, Karachi
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MAy 06 - MAy 12, 2014
CAA seeks Rs7.99b refund paid as income tax
ISLAMABAD: FBR has received a request from the Cabinet Secretariat (Aviation Division), seeking refund of Rs7.99 billion paid as income tax by Civil Aviation Authority (CAA) on the outstanding amount of national-flagcarrier PIA. CAA has brought the issue of non-payment of outstanding dues amounting to Rs22.829 billion by the airline deposited as quarterly advance tax into the notice of Aviation Division. The stance is that CAA has already paid income tax, whereas, it did not get the actual dues from airline as yet despite many concerted efforts.
FBRmullssettingupdirectorateforbroadeningtaxnet KARACHI
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he Federal Board of Revenue (FBR) planned the establishment of a Directorate General Survey and Registration Inland Revenue to bring potential taxpayers into tax net. According to sources, Large Taxpayers Unit (LTU), Karachi in its budget proposal 2014-15 suggested to the FBR the establishment of ‘DGSR’ for collection of information regarding income assessment of potential taxpayers. As per details, the FBR appears to be keen to execute the proposal to bring potential taxpayers into tax net. The directorate is likely to be established through Finance Act, 2014 and will be tasked with collection of information pertaining to income assessment of potential taxpayers and collection of tax under the Income Tax Ordinance, 2001. The proposed directorate will also compare the information with the available record and disseminate information to the commissioners concerned. The proposed directorate, if set up, will be consisted of a director general, directors, additional directors, deputy directors, assistant directors and such other ofQicers.
The proposed directorate will also compare the information with available record and disseminate information to the commissioners concerned
Businessmen doing injustice to Multan Dry Port: Rozi Khan Burki
Customs values of Alternators determined
CuSTOMS TOdAy REPORT www.customstoday.com
— Exclusive Customs Today photo
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said Multan dry port would soon be emerged as one of the biggest dry ports in the country. Chairman Multan dry port Khawaja Mohammad Yunis speak-
he Directorate General of Customs Valuation has determined the Customs values of Alternators through Valuation Ruling No.674/2014 under Section 25-A of the Customs Act, 1969. According to the details, the customs values of AC Synchronous Alternators (3 to 5 KW) having PCT Heading 8501.6100, 8501.6200, 8501.6300 and 8501.6410 and proposed PCT for WeBOC are 8501.6100.1000, 8501.6200.1100, 8501.6300.1200 and 8501.6410.1300 from China Origin has fixed at US$26per KW. The Customs values of AC Synchronous Alternators (6 to 7.5 KW) having same PCT Heading and proposed PCT for WeBOC from China Origin has fixed at US$19per KW, while the Customs values of AC Synchronous (8 to 12 KW) having same PCT Heading and proposed PCT for WeBOC from same Origin has fixed at US$15per KW. The Customs values of AC Synchronous Alternators (13 to 20 KW) having same PCT Heading and proposed PCT for WeBOC from same origin has fixed at US$13per KW, while the Customs values of AC Synchronous (21 to 25 KW) having same PCT Heading and proposed PCT for WeBOC from same China Origin has fixed at US$12per KW. The Customs values of AC Synchronous Alternators (26 to 40 KW) having same PCT Heading and proposed PCT for WeBOC from same origin has fixed at US$11per KW, while the Customs values of AC Synchronous (41 to 80 KW) having same PCT Heading and proposed PCT for WeBOC from same origin has fixed at US$9per KW. The Customs values of AC Synchronous Alternators (81 and above KW) having same PCT Heading and proposed PCT for WeBOC from same China origin has fixed at US$7per KW. —CT Report
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MULTAN
undreds of Multan businessmen are clearing their assignments from Lahore and Peshawar dry ports which is a sheer injustice to the Multan Dry Port. This was stated by Chief Collector Customs (Central) Lahore Rozi Khan Burki addressing a ceremony organized at the Multan Dry Port. He said employment opportunities at the dry port are directly proportional to business activities there. He urged the businessmen to register their complaints to officials concerned in case of any hurdles in clearing of their assignments. He however wished that if the dry port is linked with Railway line, its productivity would be enhanced up to a remarkable extent. He hailed the performance of Customs officials of the city for reinventing modern parameters where customers can have progress reports on import and export consignments on daily basis. In addition, importers and exporters can file online duty and tax returns through the internet. Burki
Currently, all sections in the FBR are striving for broadening tax base but there is no speciQic department for the purpose and if the DGSR is set up, it will boost the efforts being made for broadening tax net.
ing on the occasion called for 'On site clearance' to heavy imports of industrial units operating in Mian Channu, Basti Malook, and Qadir Pur.
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CARTOONSSPCEIAL 11
MAy 06 - MAy 12, 2014
FBR sees implications in duty-free potatoes import
ISLAMABAD: FBR has opposed Federal Food Ministry’s proposal for duty-free import of 200,000 metric tonnes of potatoes to stabilise its prices in the local market. Proposals were made on the grounds that without imports the hoarders would be encouraged to raise potatoes prices to Rs100 per kg to ensure bonus profits. However, FBR is concerned that it would have adverse revenue implications. The Board has proposed 15 per cent duty instead.
Annual sleep disorder for tax accountants.
“First the assets... The taxes are low.”
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MAy 06 - MAy 12, 2014
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