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CBR intelligence officials powers enhanced

ISLAMABAD (January 09 2005): The Central Board of Revenue (CBR) has enhanced the powers of intelligence officials working under Directorate General of Intelligence and Investigation Customs and Excise, which include seizure and confiscation of imported goods.

The CBR has enlarged the scope of section 17 of the Customs Act, 1969 encompassing the director general of intelligence and investigation, director of intelligence and investigation, additional directors, assistant director and deputy director, intelligence officers, inspectors, preventive officers, senior preventive officer, examining officers, senior intelligence officers, deputy superintendents, appraising officers and valuation officers, principal appraisers and senior principal appraisers.

The CBR has superseded SRO 388(I)/82 through SRO (I)/2005 issued here on Saturday.

The tax authorities have also given powers of section 169 to all the officers working under Directorate General of Intelligence and Investigation.

Sources said that the decision was in contrary to the Board-in-Council directives vying to curtail the powers of directorate of intelligence.

CBR chairman, Abdullah Yusuf has reiterated at different forums that the role of D.G. intelligence and investigation will be redefined and the CBR is seriously reviewing the functions of this directorate. It was also repeated at different places that the CBR has barred the directorate from conducing on-the-grounds inspections and raids on the factories/manufacturing premises.

On the other hand, the powers of the officials of the directorate have been considerably enhanced instead of curtailing the same.

Under the SRO (I)/2005, the CBR has also given powers of section 111 and section 112 of the Custom Act to the director general of intelligence and investigation, director of intelligence and investigation, additional directors, assistant director and deputy director of intelligence and investigation. The provisions of these sections have empowered the officials to demand duty on goods improperly removed from warehouses. The owner of such goods shall have to forthwith pay the full amount of duty chargeable on such goods along with penalties and other charges on the demand raised by the intelligence officials.

If any owner fails to pay sum demanded by intelligence officials, they (the officials) may detain owner's goods in the warehouse and a notice in writing of such detention shall immediately be given to the owner. In case the demand is not discharged within fifteen days of the date of such notice, the goods so detained may be sold.

According to the notification, the intelligence officers, inspectors, preventive officers, senior preventive officer and examining officer could exercise powers under section 17, 48, 62, 91, 92, 139, 158, 159, 160, 161, 164, 165, 167, 168 (1), (3) and (4), 169 (1), (2) and (3), 171, 175, 198 and 199 of the Customs Act 1969.

Senior Intelligence officer, deputy superintendents, appraising officers and valuation officers/IPS could use powers under section 17, 26, 48, 62, 91, 92, 139, 158, 159, 160, 161, 164, 165, 167, 168(1), (3) and (4), 169 (1), (2) and 3, 171, 175, 198 and 199 of the Customs Act 1969.

Principal Appraisers, SPS and Superintendents could exercise powers under section 17, 26, 48, 62, 91, 92, 139, 158, 159, 160, 161, 164, 165, 167, 168(1), (3) and (4), 169 (1), (2) and (3), 171, 175, 198 and 199 of the Customs Act 1969.

Assistant Director and Deputy Director of Intelligence and Investigation (Customs and Excise) could exercise powers under section 17, 26, 48, 60, 62, 91, 92, 111, 112, 139, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168(1), (3) and (4), 169, 171, 174, 175, 186, 193, 197, 198, 199, 201 and 202 of the Customs Act 1969.

Additional Director of Intelligence and Investigation (Customs and Excise) have been empowered to exercise powers under section 17, 26, 48, 60, 62, 91, 92, 111, 112, 139, 157 (2), 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168(1), (3) and (4), 169, 171, 174, 175, 186, 193, 194-A, 197, 198, 199, 201 and 202 of the Customs Act 1969.

Director of Intelligence and Investigation (Customs & Excise) could exercise powers under section 17, 26, 48, 60, 62, 91, 92, 111, 112, 139, 157 (2), 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168(1), (3) and (4), 169, 171, 174, 175, 185-F, 186, 193, 194-A, 196, 197, 198, 199, 201 and 202 of the Customs Act 1969.

Director General of Intelligence and Investigation (Customs & Excise) could exercise powers under section 17, 26, 48, 60, 62, 91, 92, 111, 112, 139, 157 (2), 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168(1), (3) and (4), 169, 171, 174, 175, 185-F, 186, 193, 194-A, 196, 197, 198, 199, 201 and 202 of the Customs Act 1969.

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