Law: Customs Act, 1969

Section: 25,81

Law: Constitution of Pakistan, 1973

Section: 199

Customs Act (IV of 1969)--- ----Ss. 25 & 81---Constitution of Pakistan (1973), Art. 199---Constitutional Petition---Customs value of goods---Determination---Petitioner being aggrieved with the valuation advice given by the Director of Customs (Valuation), had filed petition praying that the price fixed by Director Customs (Valuation) be declared as illegal and that authorities be directed to assess the value in terms of S.25 of the Customs Act, 1969---Secretary Customs Valuation and Audit vide letter had requested the Director General (Valuation) to proceed with the representation moved by the Traders Association on the same subject matter---Petitioner had further pointed out that after issuance of show-cause notice, he had also filed a representation before competent authority of Customs, but that too had not been disposed of---Effect---Concerned Authorities should dispose of representation of petitioner within specified period; in view of joint acceptance of all the parties, concerned authorities should dispose of representation after giving opportunity of hearing to parties. THIS ORDER PASSED BY: MRS. YASMIN ABBASEY, J.---Being aggrieved with the valuation advice given by the Director of Customs (Valuation) these petitions have been filed praying that the prices fixed by respondent No.3 in the valuation advice issued on 21-5-2007 and the goods finally assessed on that basis, on 29-8-2007 be declared as illegal and they be directed to assess the value in terms of section 25 of the Customs Act. It is argued by learned counsel that the valuation advice and the assessment of goods on the basis of LME price published in Metal Bulletin for the period 27-3-2007 is in violation of the procedure prescribed under section 25 of the Customs Act, which speaks about transactional value. Against decision of Director Customs (Valuation) revision was preferred by the petitioners before Director General, Customs Valuation on 6-9-2007 which is still pending. Secretary Customs Valuation and Audit vide letter, dated 13-2-2008 had requested the Director…

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