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2013 PTD 1331

Messrs IMPEX AGENCIES, KARACHI vs SECRETARY REVENUE DIVISION,

Citation2013 PTD 1331
CourtFederal Tax Ombudsman
Case No.Complainants Nos. 04/ISD/CUS(01)/208, 05/ISD/CUS(02)/209 and
Date2013-05-06
Judge(s)Dr. Muhammad Shoaib Suddle
ResultComplaints dismissed

FINDINGS/RECOMMENDATIONS ' DR. MUHAMMAD SHOAIB SUDDLE (FEDERAL TAX OMBUDSMAN).---These three complaints of identical nature have been filed by the same complainant who deals in imports of papers and related items, as a proprietary firm. He is aggrieved at the imposition of Anti-Dumping and Countervailing Duties by the Tariff Commission of Pakistan.

2. The AR was confronted with the legal position of the case on the issue of jurisdiction. He was told that Tariff Commission of Pakistan fell under the jurisdiction of Ministry of Commerce and Industries, whereas this office held jurisdiction on matters related with FBR and its employees.

3. The AR contended that as Customs Department was responsible for collecting Anti-Dumping and Countervailing Duties, the jurisdiction of the Complainant's case could be acquired by the FTO Office.

4. The DR objected to the contention of AR regarding jurisdiction of the case and argued that the issue of Anti-Dumping and Countervailing Duties did not relate to the Customs Department as it only collected these duties on behalf of Tariff Commission.

5. In the detailed written comments dated 25-2-2013 filed by the Tariff Commission through its Secretary and Chief Legal Officer, it has been submitted that the complaint was not maintainable as the scope of work of the Tariff Commission fell within the- domain of Commerce Division and it was not working under Revenue Division. The jurisdiction of such issues apparently lay with the Federal Ombudsman.

6. All the three complaints being out of scope of the FTO Ordinance, 2000 stand disposed of and files consigned to record.

Complaints dismissed.

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