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Fraudulent refund rebate

Fraudulent refund rebate legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2014 PTD 1 CUSTOMS-APPELLATE-TRIBUNAL-KARACHI Judicial Precedent
Ss. 32, 32-A, & 156(1), (14), (14-A)Customs Rules, 2001, Rr.459 & 460Show-cause noticeMis-declarationFraudulent refund rebateFinalized case of duty draw backPast and closed transactionScopeAppellant was found guilty of mis-declaration and non-genuiness of exports in order to get fraudulent refund and rebateCustoms authorities after serving show-cause notice, ordered for recovery of unlawful drawback along with penaltyAppeal by appellant before Collector of Customs (Appeals) was dismissed

Contention of the appellant was that the transaction was past and closed and had attained finality and as such the subject matter could not be re-opened, therefore the impugned orders were illegal

Validity

Customs authorities had power to reassess the goods declaration any time during five years of clearance of the goods for export along with a fine

Customs authorities had power to conduct audit of the finalized cases of duty drawback

Assessing officer had declined the application of duty drawback, to the contrary the duty draw back had been sanctioned fraudulently

Plea raised by the appellant was misconceived

Impugned orders were upheld

Appeal was dismissed.

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Precedents & Case Laws citing "Fraudulent refund rebate"

PTD 2014
Customs Appeals Nos.K-736 to K-740 of 2011, decided on 13th September, 2013.

2014 P T D (Trib

Messrs TAYIABA KHATOON and others Versus The COLLECTOR, COLLECTOR OF CUSTOMS (APPEALS) and 2 others

Court: Customs Appellate Tribunal, Karachi
PTD 2006
Constitution Petition No. D-1360 and Misc. No. 5096 of 2005, decided on 1st February, 2006.

P T D 2006 P T D 1207

Shaikh RASHID AHMED and another Versus ASSISTANT COLLECTOR, SPECIAL RECOVERY CELL, COLLECTORATE OF CUSTOMS (EXPORTS), KARACHI and 4 others

Court: Karachi High Court
PTD 2003
Complaint No. C‑914/K of 2002, decided on 26th November, 2002.

2003 P T D 791

Messrs KOHINOOR INDUSTRIES LIMITED, KARACHI Versus SECRETARY, REVENUE DIVISION, ISLAMABAD

Court: Federal Tax Ombudsman
CLC 1999
Constitutional Petition No. D‑150 of 1994, decided on 20th October, 1998

1999 C L C 520

HANIF BROTHERS‑‑‑Petitioner Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents

Court: Karachi
MLD 1994
1994-January-27

1994 M L D 1102

MUHAMMAD NAWAZ — Applicant Versus THE STATE — Respondent

Court: Karachi
PTD 2002
Complaint No.37 of 2002, decided on 20th March, 2002.

2002 P T D 2024

Lt.‑Col. (R) NAJAM HAMEED, FAISALABAD Versus SECRETARY, REVENUE DIVISION, ISLAMABAD

Court: Federal Tax Ombudsman
PTD 2003
Appeal No. 14/LB of 2001, decided on 24th June, 2002.

2003 P T D (Trib

N/A

Court: Customs, Excises and Sales Tax Appellate Tribunal
MLD 1994
1993-January-12

1994 MLD 1030

ALI AHMAD BALOCH and another — Applicants Versus THE STATE — Respondent

Court: Karachi
PLD 2007
2006-September-4

P L D 2007 Karachi 27

Raja MUHAMMAD ZARAT KHAN — Applicant Versus THE STATE — Respondent

Court: High Court
MLD 1994
1993-January-12

1994 M L D 1032

ABDUL MAJEED ASKANI — Applicant Versus THE STATE — Respondent

Court: Karachi