Case Details

Citation(s)
2004 SLG 485 2004 SLD 485 2004 PTD 2604
Sindh High Court
CONSTITUTION PETITION NO. D-4 OF 2004, dated 07/04/2004
SARMAD, JALAL OSMANY, JUSTICE AND AMIR HANI MUSLIM, JUSTICE

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Messrs ALQamar Imports (Pvt.) Ltd., Lahroe Through Attorney

VS

Islamic Republic Of Pakistan, Through Secretary, Ministry Of Finance, Islamabad And 4 Others

Law: Customs Act, 1969

Section: 25

THIS JUDGMENT SARMAD JALAL OSMANY, JUSTICE:---------- The basic dispute between the parties is regarding the valuation of the Petitioner's goods in terms of section 25 of the Customs Act. 2. According to the learned counsel for the Petitioner, the Customs Department is not following the procedure given in section 25 of the Customs Act in determining the valuation of the Petitioner's goods which have been imported from China but, on the other hand, they have agreed with some other importers on a formula which is not acceptable to the Petitioner as it does not cater to the provisions of section 25 of the Customs Act. 3. On the other hand, Mr. Raja Muhammad Iqbal, learned counsel for the Respondents No.4 and 5 says that in fact the formula as regards valuation, which has been arrived at was in consultation of the importers of like goods viz. Presensitized printing plates in light of the directions given by the learned Federal Tax Ombudsman. As per the learned counsel the representative of the Petitioner was present during such deliberations and he has signed the minutes of the meeting. However, this has been vehemently denied by the learned counsel for the Petitioner…
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