Law: Customs Act, 1969

Section: 32

Customs Act (IV of 1969)--Ss. 32(1), 168 & 186---Export (Quality Control) Order, 1973, Preamble---S.R.O. No. 1(KE), dated 7-1-2003---Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), Ss. 9 & 11---Confiscation of goods meant for export after its detention with container in Port area for violation of S.32(l) of Customs Act, 1969 and Export (Quality Control) Order, 1973---Tribunal set aside such order, but authority did not allow removal of goods due to pendency of their appeal before High Court---Waiver of demurrage charges -claimed on basis of delay and detention certificate issued by authority was declined to exporter---Validity---Authority might allow or disallow shipment of goods in accordance with customs law, but they should not arbitrarily keep goods in Port area causing damage to its quality and value---Authority had wrongly kept goods in Port area---Refusal to allow removal of goods had resulted in its deterioration, loss of its value and loss of future export orders---Such attitude was not conducive towards promotion of exports---Authority had acted arbitrarily, unreasonably and contrary to established practice without valid reasons, which constituted maladministration---Federal Tax Ombudsman recommended to C.B.R. to recommend for remission of demurrage charges and direct authority to decide within specified time issues of container rent chargeable by shipping company and loss in value of goods on account of its wrongful detention in Port area after providing opportunity of hearing to complainant. ORDER JUSTICE (RE'I'D.) SALEEM AKHTAR (FEDERAL TAX OMBUDSMAN).---This complaint has been filed against the Customs Department for allegedly illegally withholding an export consignment in the port area along with the container. The complainants have stated that they received an order for supply of Blended and Cotton Sheets in different colours and the goods were prepared and labels attached in accordance with the direction of the consignee. The shipping documents were prepared and filed by their clearing agent on 4-7-2000. The customs officials examined the goods and forwarded the examination report to the Appraiser/Principal…

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