ZAKWAN STEEL vs The FEDERATION OF PAKISTAN Good Governance — 2023 PTD 9 KARACHI-HIGH-COURT-SINDH

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ZAKWAN STEEL VS The FEDERATION OF PAKISTAN Good Governance---Scope---Object of good governance cannot be achieved by exercising discriminatory powers unreasonably or arbitrarily and without application of mind---Such objective can only be achieved by following rules of justness, fairness and openness in consonance with command of Constitution enshrined in different Articles of the Constitution including Arts. 4 & 25 of the Constitution which is supreme law of the country. Citation Name: 2023 PTD 9 KARACHI-HIGH-COURT-SINDHBookmark this Case ZAKWAN STEEL VS The FEDERATION OF PAKISTAN Ss.25 & 25-a---Goods declaration---Imported goods---Determination of value---Methodology---Petitioners/importers were aggrieved of act of Customs authorities applying London Metal Bulletin (LMB) prices as existed on date of Bill of Lading instead of date of Registered Bank Contracts---Plea raised by petitioners was that Customs authorities wrongly applied the methodology as petitioners had to pay duties and taxes at an exorbitant rate---Validity---Legislature specifically provided in S.25(10) of Customs act, 1969, that S.25 (1), (5), (6), (7), (8) and (9) of Customs act, 1969 had defined as to how customs value of imported goods was to be determined--- Methods of customs valuation were required to be applied in a sequential order except reversal of order of S.25 (7) and (8) of Customs act, 1969, at importer's, request, if so agreed by Customs authorities---Customs value of imported goods were to be the transaction value i.e. price actually paid or payable for goods when sold for export to Pakistan---High Court set aside assessment made by Customs authorities from Bill of Lading through LMB instead of date of Bank Registered Contract, as the same was ultra virus the S.25a of Customs act, 1969---High Court declared that such valuation was without legal effect and directed that consignments of petitioner/importers were to be valued on declared value via Bank Registered Contract and petitioners / importers were only liable to pay duty, taxes etc. on such basis---High Court further declared that excessive pricing was anti-productive as it would fuel inflation as well as depletion of foreign reserves---Constitutional petition was allowed accordingly. Citation Name: 2023 PTD 9 KARACHI-HIGH-COURT-SINDHBookmark this Case ZAKWAN STEEL VS The FEDERATION OF PAKISTAN Verba cum effectu accipienda sunt---Connotation---Verba cum effectu accipienda sunt is a judicial maxim that means that words must be interpreted so as to have effect---Every word and every provision is to be given effect and none should be ignored so as to needlessly be given another interpretation that causes it to duplicate another provision or to have no consequence---Redundancy could not be attributed to legislation---Words cannot be considered meaningless, else they would not have been used.

ZAKWAN STEEL vs The FEDERATION OF PAKISTAN Good Governance — 2023 PTD 9 KARACHI-HIGH-COURT-SINDH

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