Later, the post-clearance scrutiny revealed that the serial No 19 (iii), Table ll C of 5th Schedule that exempts all the customs duty was wrongly claimed as the 'TASIGNA' is specified against 19 (LXXV) of the same Table with exemption in excess of 5 percent. The wrongly-claimed exemption resulted in short realization of duty and taxes amounting to Rs 14.74 million.
Meanwhile, according to sources, the said Pharma Company with the assistance of its clearing agent knowingly and deliberately misused Green Channel facility and claimed wrong serial of exemption to take extra benefit which was otherwise not available at zero percent customs duty as per law. Therefore, they committed an offence under section 32 (1) (2), section 18 (1A) and section 79 c the Customs Act, 1969 punishable under clauses (10A), (14) and (43) of section 156 (1) of the Customs Act, 1969 read with SRO 499(l)l2009 dated June 13, 2009.
They said that the company had imported the said medicine weighed 458.57 kilograms (298.4 kilogram in September and 160.14 kilograms in October) from Switzerland and claimed wrong serial of exemption knowingly to take undue tax benefit. When contacted, company officials admitted to have claimed wrong serial of exemption with the rationale to have given contract of clearing these consignments to new clearing agent. They further said that after having been intimated by the customs department of short realization of duty and taxes, the company paid all tax demand generated during post-clearance audit.