FAIZ CHEMICAL INDUSTRIES (PVT.) LTD. vs COLLECTOR OF CUSTOMS, MODEL CUSTOMS COLLECTORATE OF APPRAISEMENT S — 2022 PTD 1183 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PTD 1183 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PTD
Parties: FAIZ CHEMICAL INDUSTRIES (PVT.) LTD. vs COLLECTOR OF CUSTOMS, MODEL CUSTOMS COLLECTORATE OF APPRAISEMENT S
Subject matter: Tax & Customs
Provisions referred to: S. 81---P; S. 81; Customs Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FAIZ CHEMICAL INDUSTRIES (PVT.) LTD. VS COLLECTOR OF CUSTOMS, MODEL CUSTOMS COLLECTORATE OF APPRAISEMENT S.81---Provisional determination of liability---Limitation---Scope---Section 81 of Customs Act, 1969, stipulates that where it is not possible for an officer of the Customs to satisfy himself of correctness of assessment of the goods made by the importer, then an officer not below the rank of Assistant Collector of Customs may determine such goods for the duty, taxes and other charges provisionally and release them against the Bank guarantee to be furnished by the importer to meet a likely disparity at the time of final determination---In terms of S. 81(2), then, final determination, within 6 months of such provisional release of the goods, is required to be made---Said period, for the reasons of exceptional nature, can be extended for further 3 months by the Collector of Customs or the Director of Valuation---Irrespective of whether such course has been followed or not, when final determination is not made within specified period, the framework under subsection (4) of the S. 81 irrepressibly rolls out requiring provisional determination to be deemed as final determination---Failure to finalize provisional determination of value of the goods within specified time shall translate into clearing of the goods on the value declared by the assessee, and, therefore the provisional assessment as final.

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