Law: Customs Act, 1969

Section: 32

(a) Customs Act (IV of 1969)--Ss.32(1), 32-A, 16, 25, 25A, 80, 156(1)(9)(14), 193, 195 & 202--- Customs Rules, 2001, Chapter XI, (Rr.133 to 215)---Imports and Exports (Control) Act (XXXIX of 1950), S.3(3)---Sales Tax Act (VII of 1990), S.33---Income Tax Ordinance, (XLIX of 2001), S. 148---Customs General Order 14 of 2005 dated 6-6-2005---Valuation Directorate Letter No.1/5/2009-VIIA/ 3077, dated 31-5-2010---False statement, error, etc.---Fiscal fraud---Personal Baggage Scheme---Re-assessment of the vehicle was made on the ground that vehicle was cleared on suppressed value which resulted in short recovery of duties and taxes as the Manufacturer's Suggested Retail Price (MSRP) was more than the declared and assessed value---Validity---Vehicle had been allowed release after due consideration as per old precedent during the time of presentation of document---Till the release of vehicle, the department was at liberty to investigate and approach the relative department i.e. Director General of Valuation of its advice; in case of having any doubt or to allow swift clearance, the vehicle could have been allowed provisional release, till the department was satisfied to have come to right determination of value and vehicle had been allowed release under S.80 of the Customs Act, 1969, with due consideration---Later on, case of short recovery of duty and taxes was made out on the observation of a letter which was a communication of the minutes of meeting---Besides, the value assessed was based on the concept of Maximum Selling Retail Price (MSRP) available on the internet and websites in different parts of the world---Application of the concept was in negation to the conception of determination of Customs Value under S.25 of the Customs Act, 1969 and was alien to the scheme of things prescribed thereunder---Reliance on the same could not be made as different markets and retail outlets at different places even within the same city cater to different buying capacity of the buyers and could not be made a bench mark---Concept of Maximum Selling Retail Price (MSRP) was void---Cardinal principles were not followed and plea taken by the department for assessment on the basis…

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