Law: Customs Act, 1969

Section: 13(b),13(d),13(e),13(f),27,25(1),25(5),2 7,32(3),88(5),196

Customs Act (IV of 1969)--- ----Ss. 25, 27 & 196---Transactional value---Deteriorated goods---Assessment of goods was assailed by authorities on the ground that transactional value should have been applied---Validity---Assessment of goods at the time of ex-bonding was not made on transactional value of goods but at the rate which was less than the declared transactional value of importer, though not substantially---Assessment was made on the basis of an agreed value between Pakistan Iron and Steel Merchants Association and Customs Authorities for the period in question---After making assessment of goods on the basis of ascertained value, the authorities subsequently could not plead that assessment ought to have been made on the basis of transactional value of the goods---Customs authorities at the very first instance accepted plea of importer that goods which were not in accordance with the contract, were liable to be assessed in terms of S. 25(5) of Customs Act, 1969, on the basis of values of identical goods and not in terms, of S. 25(1) of Customs Act, 1969, on the basis of transactional value of the goods---High Court declined to interfere in the order passed by Customs, Excise and Sales Tax Appellate Tribunal---Reference was dismissed in circumstances. Messrs Flying Board and Paper Products v. Deputy Collector, Customs 2006 SCMR 864 distinguished. JUDGMENT MUHAMMAD JUNAID GHAFFAR, J.---The instant Special Customs Reference Application arises out of an Order dated 22-1-2010 passed by the Customs, Excise and Sales Tax Appellate Tribunal Bench-II, Karachi ("Tribunal") in Customs Appeal No.K-452/09 (Old Customs Appeal No.K-95/2005). 2. The applicant has proposed the following questions of law purported to be arising out of the said order of the Tribunal:-- (A) Whether on the facts and circumstances of the case that the learned Appellate Tribunal erred in law to hold that the transactional value under Section 25(1) is not applicable in this case? (B) Whether on the facts and circumstances of the case that the learned Appellate Tribunal has not gone beyond the scope of the remanded order dated 2-7-2009 passed by the Honourable Supreme Court of Pakistan? (C)…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492