M/s Ayesha Traders,
Gondlanwala Road,
Near Allied Bank of Pakistan,
Gujranwala.
Through its attorney
Mr. Abdus Salam. ------------ Petitioner
Vs
1. Federation of Pakistan,
Through its Secretary,
Federal Board of Revenue,
Government of Pakistan,
Islamabad.
2. Collector of Customs,
Appraisement/ MCC,
Customs House,
Karachi.
3. Directorate General of Customs Valuation,
7th Floor
Customs House,
Karachi.
PITITIONER UNDER ARTICLE 199 OF CONSTITUTION
OF ISLAMIC REPUBLIC OF PAKISTAN
It is respectfully submitted as under;-
2. That the Petitioner is engaged in import trade of Secondary
Quality of ��SILICON STEEL IN COILS�� for the past many years.
They import their requirement from world sources who offer competitively.
The ��SILICON STEEL IN COILS�� are used for manufacturing of
varieties. The import of these Coils in Pakistan is based on variable
consideration particularly physical condition of the goods. Secondary
material is shipped by producer located all over the world and has no
standard of value and that being the reason are sold on the basis of physical
condition of each lot commonly on ��AS IT IS WHERE IT IS �� basis.
3. That in the normal course of their business the Petitioner entered
into a sales contract with M/s Steel force NV Antwerp Belgium for purchase
of 100 Metric Tons ��SILICON STEEL IN COILS �� (CRNGO) at the rate of US$ 397.00 per Metric Ton CFR Karachi classifiable under HS Code 7225.1900. Accordingly a confirmed irrevocable L/C was established on 02.02.2009.
Copy of L/C is annexed and
Marked as Annexure �A�
4. That in terms of above credit 18 Silicon Steel Coils of secondary quality weighing 99.6100 M. Tons at US$ 397.00 per Metric Ton C&F, in a total amount of US$ 39,545.17 C&F Karachi, were shipped for delivery at Karachi port.
5. That on arrival of vessel in the port of Karachi, a home consumption GD No. KAPR-HC-7842dated 16.05.2009 was filed in
The assessing group-lll, under the administrative control of
Respondent No2, who got the goods physical examined and found nothing contrary to Petitioner�s declaration in consequences of examination.
Copy of GD bearing Examination finding
Is annexed and marked as Annexure �C�
6. That the Petitioner were asked to furnish the following securities to protect the possible revenue loss which could occur in the result of enhancement of declared value upon investigation carried out under Section 81 of Customs Act. They were also asked to cover the differential amount of Taxes if upon chemical test result ��SILICON STEEL IN COILS �� which are leviable to Customs Duty @ % are found to be CRC coils leviable to Customs Duty at 20% The precise detail of security amounts furnished are as under;-
1. PDC No. CA 0010118909 Rs. 8,30.930/-
encashable on 15.11.2009
being differential amount of taxes
resulting from enhancement of
declared value of US$ 397.00 PMT
CNF to US$ 600.00 PMT CNF.
2. PDC No. CA 0010118909 Rs. 3,77,585/-
encashable on 15.11.2009
being differential amount of taxes
resulting from enhancement of
declared value of US$ 397.000 PMT
CNF to US$ 600.00PMT CFN.
3. Pay order No. 137490 Rs. 7,40,290/-
dated 19.05.2009 favoring
Collector of Customs being
differential amount of taxes
if test result of ��SILICON STEEL IN COILS��
did not confirm the declared description
and value had to be raised.
Copy of three PDCs are annexed and
Marked as Annexures �D; �E�and �F�
7. That the sole object of obtaining security amounts of differential taxes on any imported goods is to allow release of goods without any delay and facilitate the tax payers not to incur the demurrage and storage charges by un-necessary detention of goods. At the same time
Ideal match description:
M/s Ayesha Traders,
Gondlanwala Road,
Near Allied Bank of Pakistan,
Gujranwala.
Through its attorney
Mr. Abdus Salam. ------------ Petitioner
Vs
1. Federation of Pakistan,
Through its Secretary,
Federal Board of Revenue,
Government of Pakistan,
Islamabad.
2. Collector of Customs,
Appraisement/ MCC,
Customs House,
Karachi.
3. Directorate General of Customs Valuation,
7th Floor
Customs House,
Karachi.
PITITIONER UNDER ARTICLE 199 OF CONSTITUTION
OF ISLAMIC REPUBLIC OF PAKISTAN
It is respectfully submitted as under;-
2. That the Petitioner is engaged in import trade of Secondary
Quality of ��SILICON STEEL IN COILS�� for the past many years.
They import their requirement from world sources who offer competitively.
The ��SILICON STEEL IN COILS�� are used for manufacturing of
varieties. The import of these Coils in Pakistan is based on variable
consideration particularly physical condition of the goods. Secondary
material is shipped by producer located all over the world and has no
standard of value and that being the reason are sold on the basis of physical
condition of each lot commonly on ��AS IT IS WHERE IT IS �� basis.
3. That in the normal course of their business the Petitioner entered
into a sales contract with M/s Steel force NV Antwerp Belgium for purchase
of 100 Metric Tons ��SILICON STEEL IN COILS �� (CRNGO) at the rate of US$ 397.00 per Metric Ton CFR Karachi classifiable under HS Code 7225.1900. Accordingly a confirmed irrevocable L/C was established on 02.02.2009.
Copy of L/C is annexed and
Marked as Annexure �A�
4. That in terms of above credit 18 Silicon Steel Coils of secondary quality weighing 99.6100 M. Tons at US$ 397.00 per Metric Ton C&F, in a total amount of US$ 39,545.17 C&F Karachi, were shipped for delivery at Karachi port.
5. That on arrival of vessel in the port of Karachi, a home consumption GD No. KAPR-HC-7842dated 16.05.2009 was filed in
The assessing group-lll, under the administrative control of
Respondent No2, who got the goods physical examined and found nothing contrary to Petitioner�s declaration in consequences of examination.
Copy of GD bearing Examination finding
Is annexed and marked as Annexure �C�
6. That the Petitioner were asked to furnish the following securities to protect the possible revenue loss which could occur in the result of enhancement of declared value upon investigation carried out under Section 81 of Customs Act. They were also asked to cover the differential amount of Taxes if upon chemical test result ��SILICON STEEL IN COILS �� which are leviable to Customs Duty @ % are found to be CRC coils leviable to Customs Duty at 20% The precise detail of security amounts furnished are as under;-
1. PDC No. CA 0010118909 Rs. 8,30.930/-
encashable on 15.11.2009
being differential amount of taxes
resulting from enhancement of
declared value of US$ 397.00 PMT
CNF to US$ 600.00 PMT CNF.
2. PDC No. CA 0010118909 Rs. 3,77,585/-
encashable on 15.11.2009
being differential amount of taxes
resulting from enhancement of
declared value of US$ 397.000 PMT
CNF to US$ 600.00PMT CFN.
3. Pay order No. 137490 Rs. 7,40,290/-
dated 19.05.2009 favoring
Collector of Customs being
differential amount of taxes
if test result of ��SILICON STEEL IN COILS��
did not confirm the declared description
and value had to be raised.
Copy of three PDCs are annexed and
Marked as Annexures �D; �E�and �F�
7. That the sole object of obtaining security amounts of differential taxes on any imported goods is to allow release of goods without any delay and facilitate the tax payers not to incur the demurrage and storage charges by un-necessary detention of goods. At the same time
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