Law: Customs Act, 1969

Section: 25

Customs Act (IV of 1969)--Ss. 25-B & 25---Determination of value not covered by S.25, Customs Act, 1969---Valuation, in the present case, was determined not under S.25, Customs Act, 1969 but under S.25-B of the Act which at the relevant time enabled the Department or an officer authorized by it to fix the value at such rate as he deemed fit notwithstanding anything contained in S.25 of the Act---In view of the stipulation that S.25-B, Customs Act, 1969 was required to operate notwithstanding anything contained in S.25, strict proof of nexus with the transaction value under S.25 was not necessary---Discretion under S.25-B of the Act indeed was required to be exercised reasonably and there was no allegation that the fixation of value was effected in a perverse or mala fide manner. JUDGMENT SABIHUDDIN AHMED, J.---The petitioner appears to be aggrieved by the levy of customs duty at the rate of U.S. Dollar 1425 per metric ton in respect of an assignment of 350 metric tons of Zinc Ingots imported from USSR. According to the petitioner, customs duty ought to have been charged at the rate of U.S. Dollar 1189 per metric ton in terms of the invoice value of the goods. 2. The respondents on the other hand have contended that the goods were chargeable of customs duty in terms of the F&F value determined under section 25-B of the Customs Act at the rate of U.S. Dollar 1425 per metric ton. 3. Mr. Muhammad Anwar Tariq, learned counsel for the petitioner, in the first instance, attempted to urge that the valuation effected by the respondents had no nexus with transaction value of the imported goods in terms of section 25 of the Customs Act. In this context, learned counsel appearing for the respondents, seem to be correct in asserting that the valuation was…

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