2005 PLP 2201 (PTD)
AL-MUGHNI TRADING CO. through Proprietor Versus DEPUTY COLLECTOR OF CUSTOMS, LAHORE and 4 others
| Citation | 2005 PLP 2201 (PTD) |
| Forum / Court | Lahore High Court |
| Bench Members | Umar Ata Bandial, J |
| Parties | AL-MUGHNI TRADING CO. through Proprietor Versus DEPUTY COLLECTOR OF CUSTOMS, LAHORE and 4 others |
Q1: What are the key laws and sections cited in 2005 PLP 2201 (PTD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 2201 (PTD)?
The case was heard and decided by the Lahore High Court bench comprising: Umar Ata Bandial, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 2201 (PTD) (AL-MUGHNI TRADING CO. through Proprietor Versus DEPUTY COLLECTOR OF CUSTOMS, LAHORE and 4 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mian Abdul Ghaffar for Petitioner.
- Safraz Ahmad Cheema for Respondents.
Judgment & Decree
Learned counsel for the petitioner submits that the valuation advice, dated 31-7-2004 issued by the Controller of Customs valuation has been made the basis for rejecting the declared value of the petitioner's imported goods. He submits that reliance on such valuation advice is not contemplated by law unless the same is notified in the official Gazette. Learned counsel for the respondents, on the other hand, submits that the impugned assessment, dated 2-12-2004 adopted the course provided under section 25(6) of the Customs Act, 1969, on the basis of transactional valuation of similar goods. The impugned assessment order gives a different impression. Para. 3 thereof makes it abundantly clear that the assessment in question is based upon aforesaid valuation advice, dated 31-7-2004. Pursuant to law laid down by this Court in case of Messrs Sohrab Global Marketing (Pvt.) Ltd. v. Deputy Collector of Customs Lahore and others (2005 PTD 67). Reliance upon the valuation advice simplicitor is not a valid basis of assessment of the value of imported goods within the framework of section 25 of the Customs Act, 1969. Learned counsel for the respondents does not dispute the position in law and is so far as assessment is concerned, he is not in a position to controvert that the impugned order places reliance solely upon the valuation advice and not value of similar goods under section 25(6) of the said Act.
2. In view of the foregoing, the impugned assessment is based on material that is not contemplated by law. It is accordingly declared to be without lawful authority. However, the respondents are at liberty to re-asses the imported goods of the petitioner in accordance with law, in particular the provisions of section 25 of the Customs Act, 1969 or any other provision applicable to the said procedure. The writ petition is accordingly allowed without any order as to costs. M.B.A./A-530/L Petition allowed.