Corrigendum in Valuation Ruling
2020 PTD 1164 CUSTOMS-APPELLATE-TRIBUNAL-LAHORE
S.32---Mis-declaration---valuation ruling ---Past and closed transaction---Scope---Section
32, custom s Act, 1969 is meant to correct an error, modify an assessment and to recover the
refund issued inadvertently which means review or correction of the error in a finalized manner---
Once a consignment is out of charge after due consideration of relevant facts, it becomes past and
closed transaction to the extent of its value, etc---Section 32, custom s Act, 1969 could not be
invoked only on the basis of mere estimate, gossip, personal whims or feelings that the value could
have been enhanced or it could fetch more taxes, etc---Opening of an appraisement for the
purpose of re-valuation of an earlier estimate or adopted figure would require 'reason to believe'
and not 'reasons to suspect'---Provisions of S.32, custom s Act, 1969 cannot be invoked on the
basis of a valuation ruling .
2021 P T D 812
[Islamabad High Court]
Before Aamer Farooq, J
HUMAK ENGINEERING (PVT.) LTD. through Director
Versus
FEDERATION OF PAKISTAN through Secretary, Revenue Division,
Islamabad and 5 others
8. As noted above, respondent No.2 issued a customs ruling
assessing the value of various items mentioned therein including the items,
which were the subject matter of the import of the petitioner. In light of the
referred ruling, the petitioner is bound to pay the customs duties on the value
determined under the same. The petitioner submitted the goods declaration
forms on 03.07.2015 and 06.07.2015 and on the said date Ruling No.744/2015,
dated 10.06.2015 was in field. The said ruling was revised on 21.04.2016,
hence, the revised ruling is not applicable in the case of the petitioner . The case
law relied upon by the learned counsel for the petitioner in this behalf namely
"Collector of Customs through Additional Collector of Customs v. Messrs Khas
Trading Co." (2015 PTD 22) is not applicable in the facts and circumstances of
the case.
2020 P T D 1972
[Sindh High Court]
Before Aqeel Ahmed Abbasi and Zulfiqar Ahmad Khan, JJ
Messrs PRIME ENTERPRISES through Proprietor
Versus
FEDERATION OF PAKISTAN through Secretary, Federal Board of
Revenue, Islamabad and 4 others
b) Customs Act (IV of 1969)---
----Ss.25 & 81---Value of imported and exported goods---Provisional
determination of liability---Scope---Where valuation ruling is more than ninety
days old and an importer has approached the Director Valuation for provision of
reasons as to why the ruling has to be revised or rescinded; fresh consignments
of such importer shall be allowed provisional release in terms of S.81 of
Customs Act, 1969, by securing the differential amount of duty and taxes in the
shape of pay order/Bank guarantee.
Danish Jahangir v. The Federation of Pakistan through
Secretary/Chairman and 2 others 2016 PTD 702 fol.
(c) Customs Act (IV of 1969)---
----Ss.25, 25-D & 81---Value of imported and exported goods---Revision of the
value determined---Provisional determination of liability---Scope---Where a
proper revision application has been filed by an importer in terms of S.25-D,
Customs Act, 1969, before the Director General, Valuation, and pending such
review/revision, a fresh consignment is imported, then at the request of the
importer who has filed such revision/review, the consignment in question shall
be released in terms of S.81 of Customs Act, 1969 after securing the differential
amount of duty and taxes in the shape of pay order/Bank guarantee.
Danish Jahangir v. The Federation of Pakistan through
Secretary/Chairman and 2 others 2016 PTD 702 fol.