Customs Act (IV of 1969)---

----S. 33---Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), S. 2(3)---Refund to be claimed within six months---Excess payment. of customs duty---Claim of refund---Inordinate delay in issuance of such refund---Demand of original challan by the Customs Authorities after about five years ---Validity---Maladministration on account of inordinate delay in initiating the processing of refund claim as well as on account of non-observance of legal procedures regarding service of notices and keeping documentary evidence/acknowledge ment of service of notices was proved---Federal Tax Ombudsman recommended that the concerned Deputy Collector Customs confirms issuance of refund as promised by him within ten days and Member (Customs), Central Board of Revenue issues directions, to all Collectors concerned to ensure that processing of refund claims is taken up within seven days of the filing of claim and each claim is settled within three months from the date of the claim.

Muhammad Yousuf for Complainant.

Saeed Akram, D.C. (Customs) for Respondent.

DECISION/FINDINGS

Maladministration is alleged in the instant complaint on the part of officials concerned in the Collector of Customs (Appraisement) Karachi for neglect, inattention, inefficiency and causing delay in issuing the refund due to the complainant' since 29-12-1994 when it was applied for on account of excess payment of customs duty.

2. Representative of the two sides are heard. The undisputed facts are that it is an old case of 1997 vide IGM No. 1547 of 1996, dated 23-10-1996. Index No. 35, Case No.6811., dated 26-11-1996 (File No. S2/16/97-II) has been retrieved from old record. Scrutiny of the documents revealed that the importer filed the claim on 28-12-1996 vide their application, dated 24-12-1996 against photostat copies of all documents. Therefore, prior to further proceedings, the importer was advised to provide original documents and also appear for hearing vide office letter No. S2/16/9-II, dated 4-12-2001. However, neither any one appeared for hearing nor any reply of the same was received.

3. The respondent. Mr. Saeed Akram, Deputy Collector, Customs (Appraisement Group-II) Karachi, in his written comments on the complaint has submitted that complainant may be directed to contact him with all original documents in this regard to further process the case.

4. The complainant's representative appearing during the hearing has submitted that besides the fact that the letter of respondent, dated 4-12-2001 was never received; the very fact that it was issued in December 2001 while the Application for refund was filed on 29-12-1996 reflects the position of maladministration prevailing in the Department. He, however, submits that the documents required by the Department have been submitted on 13-8-2003 after a copy of letter, dated 4-12-2001 was received alongwith a copy of respondent's parawise comments.

5. The incumbent DC Customs promises to issue the refund without waiting for the recommendation from this Office. He admits that no evidence of service of the letter, dated 4-12-2001 is available on record.

6. Maladministration on account of inordinate delay in initiating the processing of refund claim as well as on account of non-observance of legal procedure regarding service of notices and keeping documentary evidence/acknowledgement of service of notices is proved.

7. It is recommended that:--

(a)The concerned Deputy Collector Customs Confirms issuance of refund as promised by him within ten days.

(b)The Member (Customs), Central Board of Revenue issues directions to all Collectors concerned to ensure that processing of refund claims is taken up within seven day of the filing of claim and each claim is settled within three months from the date of the claim.

(c)A copy of written directions is submitted within 15 days.

C.M.A./1019/FTOOrder accordingly.