PTD 2010

2010 PLP 1394(1) (PTD)

Messrs PAK STAR INTERNATIONAL through Proprietor Versus COLLECTOR CUSTOMS, LAHORE and 3 others

Jurisdiction / Court
Lahore High Court
Decided Date
Writ Petition No. 7242 of 2010, decided on 13th April, 2010.
Honorable Judges
Umar Ata Bandial, J
Case Reference Summary (AEO Optimized)
Citation 2010 PLP 1394(1) (PTD)
Forum / Court Lahore High Court
Bench Members Umar Ata Bandial, J
Parties Messrs PAK STAR INTERNATIONAL through Proprietor Versus COLLECTOR CUSTOMS, LAHORE and 3 others
Primary Law Customs Act (IV of 1969)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2010 PLP 1394(1) (PTD)?

This judgment primarily cites: Customs Act (IV of 1969) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2010 PLP 1394(1) (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: 2010 PLP 1394(1) (PTD) (Messrs PAK STAR INTERNATIONAL through Proprietor Versus COLLECTOR CUSTOMS, LAHORE and 3 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Customs Act (IV of 1969)

Representation

  • Ch. Ishtiaq Ahmad Khan for Petitioner.

Headnotes / Summary

Ss. 202 & 215

Issuance of warrant of attachment for recovery of taxes, duties or penalties

Cause or ground of such demand neither mentioned in warrant nor first confronted to assessee

Validity

No recovery could be effected on basis of such warrant for not being a valid demand

Illustration.

Judgment & Decree

The petitioner is in receipt of warrant of attachment dated 2-4-2010 issued by respondent No.2. That notice fails to state the adjudication order or other legal instrument whereby the petitioner is being subject to recovery or Rs.2,82,

410. The petitioner has asked the respondents on 27-3-2010 for the requisite information but in vain. Recovery of taxes, duties or penalties must be effected pursuant to a legally valid demand. It is noted from the warrant of attachment that no cause or ground for such demand is mentioned therein. The respondents are duty bound to act strictly in accordance with law. No recovery shall be effected from the petitioner unless the grounds or basis for its creation is first confronted to the petitioner.

2. Disposed of. S.A.K./P-9/L Order accordingly.