| Citation(s) |
|---|
| 2003 SLG 433 2003 SLD 433 2003 PTD 213 (2003) 88 TAX 300 |
Federal Tax Ombudsman
Review Application No. 28 of 2002 in Complaint No.C-1743 of 2001, decision dated: 26-06-2002
JUSTICE (RETD.) SALEEM AKHTAR, FEDERAL TAX OMBUDSMAN
Shabbir Ahmad Project Manager. Muhammad Irfan Sarfraz, Deputy Collector of Customs.
Review Application No. 28 of 2002 in Complaint No.C-1743 of 2001, decision dated: 26-06-2002
JUSTICE (RETD.) SALEEM AKHTAR, FEDERAL TAX OMBUDSMAN
Shabbir Ahmad Project Manager. Muhammad Irfan Sarfraz, Deputy Collector of Customs.
MESSRS SPECIALITY PRINTERS (PVT.) LTD
VS
SECRETARY, REVENUE DIVISION, ISLAMABAD
Law: Customs Act, 1969
Section: 25,25B
Law: Inspection, Valuation and Assessment of Imported Goods Rules, 1996
Section: 8(2)
Customs Act (IV of 1969)---Ss. 25 & 25-B---Inspection, Valuation and Assessment of Imported Goods Rules, 1996, R.8(2)(c)---S.R.O. 1108(I)/94 dated 14-11-1996--C.G.O: No.5/96 dated 21-3-1996---Customs House Circular No.32/69--Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), S.9---Value of imported and exported goods---Fixation of value for imports and exports---C. R. F. price---Price quoted in the Polymer scan magazine---Review application against the recommendation of Federal Tax Ombudsman to finalize the refund claims on the basis of assessment, in accordance with the Inspection, Valuation and Assessment of Imported Goods Rules (PSI Rules) notified by the Central Board of Revenue vide S.R.O. 1108(I)/94 dated 14-11-1996, at the CRF prices quoted by the PSI Company and against the implementation of the valuation of goods under the notified Rules and the implementation of the Federal Export Promotion Board to accept the CRF prices or refer the value dispute to the Working Committee, adopted by Central Board of Revenue in C.G.O. No.5/96 mainly on the ground that PSI Rules notified under S.R.O. 1180(I)/94 were not binding on the customs to the extent of accepting the CRF and PSI companies, had no knowledge, no competence, and no authority to ascertain and report customs values etc.---Validity---Was unbelievable that the Revenue Division would take the stand that its own notified rules were not legally valid and the Collector's Authority prevailed upon the existing law and rules made thereunder-Views expressed by the Collector and the Deputy Collector frankly, forthrightly and in blunt terms lent considerable credence to the general perception that the field officers of the Tax Department do not comply with the, provisions of laws, rules and regulation in force, and ignore the directives of the Revenue Department/Central Board of Revenue as a matter of routine---Revenue Division seems not only allowing defiance of law but also providing it full support to the contention that valuation of plastic moulding compound was the exclusive domain of Collector---Review application not only lacked in substance but aimed at justifying and…
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