Law: Customs Act, 1969

Section: 25

Customs Act (IV of 1969)--Ss. 25, 81 (2) (4) & 196---Provisional assessment, finalization of---Limitation---Price of imported goods---Determination---Customs authorities assailed decision of Customs, Excise and Sales Tax Appellate Tribunal on the ground that provisional assessment was finalized within time and the same had been made on proper evidence regarding price of imported goods---Validity---Demand notice which stated that provisional assessment had been finalized and made additional demand, was within one year time as provided under S.81(2) of Customs Act, 1969 and such finalization of assessment and demand could not be termed to be out of time---Customs, Excise and Sales Tax Appellate Tribunal in its finding took date of order-in-original to be the date of final assessment which order was not order of final assessment but had been passed on the basis of representation made by importer against final assessment conveyed to him by notice of demand which had all ingredients of final assessment in terms of S.81(2) of Customs Act, 1969---Tribunal was not right in coming to conclusion that final assessment was made beyond one year period and that in terms of S.81(4) of Customs Act, 1969, provisional assessment had become final---No price list or certificate from traders was attached to letter of Embassy of Pakistan nor Commercial Counselor gave his own certified assessment regarding value of imported consignment---Demand raised by authorities regarding additional import duty did not find support as to valuation of imported consignment and to that extent High Court agreed with finding of Customs, Excise and Sales Tax Appellate Tribunal that it was based merely upon heresy and did not reflect either transaction value or correct value of imported consignment---Reference was dismissed accordingly. Messrs Golden Plastic (Pvt.) Ltd. v. The Collector of Customs and others PLD 2002 Kar. 54 and Messrs Abdul Aziz Ayoob v. Assistant Collector of Customs and 3 others PLD 1990 Kar. 378 ref. JUDGMENT GULZAR AHMED, J.---By this Special Custom Reference Application, the applicant has challenged the order dated 3-3-2008 passed by learned Member (Technical-I) of Customs,…

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