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2004 PTD 2613

M.K. TRADERS, through Proprietor vs CENTRAL BOARD OF REVENUE and 3

Citation2004 PTD 2613
CourtSindh High Court
Case No.Constitutional Petition No, Dr1413 of 1992
Date2004-04-29
Judge(s)Ghulam Rabbani, Sayed Saeed Ashhad
ResultPetition dismissed

ORDER

1. ' Through this petition, it is, inter alia, prayed that it be declared that ITP notification, dated 29-10- 1991 is illegal, null and void. '

2. ' Mr. Sajjad Ali Shah, learned Standing Counsel stated, at the outset, that the above mentioned notification was issued in exercise of the powers under Section 25-B of Customs :\ Lt read with Notification No, S.R.O. 610(I)/88, dated 30-6-1988 relevant to the fixation of value of the imported goods and that the provision contained in section 25-B ibid, aforementioned S.R.O., dated 30-6- 1988 and the valuation made pursuance thereof were valid and legal. In support of his contention, he referred us to the case of Collector of Customs v. New Electronics (Pvt.) Ltd. Reported in PLD 1994 SC 363 and the case of Messrs Madina, Traders v. The Federation of Pakistan reported in 1999 SCM R

95. He submitted that following the ratio in the above cited case of Collector of Customs, a Division Bench of this Court dismissed a Constitutional Petition No,D-1748/1992 (Tajuddin Trading Company v. Controller of Customs Valuation and others) in which the issues involved were identical to those as are involved in this Petition. While producing a copy of the said order, he requested that this petition may be decided in the same terms.

3. ' Mr. Akram Zuberi, learned counsel for the petitioner did not controvert the above factual aspect and conceded that this petition be also decided in the same terms in which the aforesaid Constitutional Petition was decided.

4. ' We have gone through the order, dated 14-2-2003 passed in C.P. No, D-1748/1992, the operative part whereof is reproduced as follows:-- "A perusal of the above cited judgment shows that the Honourable Supreme Court has held that the provisions contained in section 25B, the S.R.O. 610(1)/1988, dated 30-6-1988 and the valuation made in pursuance thereof are valid and legal.

5. ' Respectfully following the ratio of the above judgment by the Honourable Supreme Court, it is held that the petition is without substance, which stands dismissed accordingly."

6. ' In view of above this petition is dismissed.

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