SUN DIPLOMATIC BONDED WAREHOUSE (PVT.) LTD. vs CUSTOMS APPELLATE TRIBUNAL, BENCH I, ISLAMABAD Ss — 2023 PTD 206 ISLAMABAD

Case information

Citation: 2023 PTD 206 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: PTD
Parties: SUN DIPLOMATIC BONDED WAREHOUSE (PVT.) LTD. vs CUSTOMS APPELLATE TRIBUNAL, BENCH I, ISLAMABAD Ss
Subject matter: Tax & Customs
Provisions referred to: 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

SUN DIPLOMATIC BONDED WAREHOUSE (PVT.) LTD. VS CUSTOMS APPELLATE TRIBUNAL, BENCH I, ISLAMABAD Ss.25, 81 & 196---Customs Rules, 2001, R.113---Provisional assessment---Transactional value of goods---Goods imported by petitioner / importer were released on the basis of provisional assessment as there was dispute with regard to transactional value of goods---Validity---By the time order was passed by Collector of Customs to finalize provisionally assessed cases of goods imported by petitioner / importer in terms of Ss.25(5) & 25(6) of Customs Act, 1969, limitation period provided under S.81(2) of Customs Act, 1969 had already expired---Provisional determination made in respect of subject Goods Declarations was deemed to be final determination by virtue of S.81(4) of Customs Act, 1969---Valuation purportedly conducted under Ss.25(5) & 25(6) of Customs Act, 1969 was without satisfying pre-requisites and conditions stipulated therein nor was it in accordance with the applicable Customs Rules, 2001---High Court set aside orders passed by the forums below---Provisional determination had attained finality therefore security lying with authorities was to be released to petitioner/importer---Reference was allowed, in circumstances.

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