After a passage of 27 years period, the Federal Board of Revenue (FBR) has not released confiscated 170 tolas gold despite judgements of Customs Appellate Tribunal, Peshawar High Court and the Supreme Court of Pakistan.
Now, the Federal Tax Ombudsman (FTO) has issued instructions to the Federal Board of Revenue (FBR) to release confiscated 170 tolas gold following the judgements of Customs Appellate Tribunal, Peshawar High Court and the Supreme Court of Pakistan.
In 1997, during routine checking, the Customs staff recovered 17 slabs of gold each slab weighing 10 tolas, from the possession of a passenger namely Syed Rehman coming from Dubai and subsequently seized vide Seizure Case No.02/97, dated 05.01.1997. An FIR No. 03/97 was also lodged against him.
The complaint has been filed in terms of Section 10(1) of the Federal Tax Ombudsman Ordinance, 2000 (FTO Ordinance) against Collectorate of Customs (Appraisement) Peshawar for not returning 170 tolas of gold despite decision of Customs Appellate Tribunal in his favour which has been upheld by the Peshawar High Court and the Supreme Court of Pakistan.
During hearing, authorized representative (AR) stated that the matter is being lingered on unnecessarily despite clear judgement of the Customs Appellate Tribunal dated 08.01 .2004 in favour of the complainant as the Tribunal ordered to release the confiscated gold on payment of leviable duty and taxes and 10% redemption fine. The said judgment has been upheld by Peshawar High Court vide Judgement dated 18.04.2012 and by the Supreme Court of Pakistan vide Judgement dated 26.04.2013.
Even the Review Petition has been dismissed by the Apex Court. He also cited Article 189 of the Constitution of Pakistan, 1973 which requires implementation of Judgement/decision of the Supreme Court of Pakistan. The departmental representative (DR) did not contest the aforesaid contention of the AR, however, sought some time for formal response on the issue as the case was 27 years old with voluminous record.
Department filed a Review Petition No.144 of 2013 before Supreme Court of Pakistan, which was also dismissed on 16.12.2013.
The customs department said that the subject case has attained its legal finality after issuance of Supreme Court of Pakistan vide its order dated 20.05.2013 and subsequent Review Petition order dated 20.01.2014. As per SRO 1637(1)/2024, dated 18.10.2024, the legacy matter of the erstwhile Model Customs Collectorate, Peshawar has been shifted to this Collectorate for further required action. The original case file has been requested by this Collectorate which was received on 17.03.2025. The record of the instant case is being scrutinized and the lawful implementation will be processed in light of the Judgments of the legal fora in due course of time on merit.
FTO has recommended the FBR to direct Collector, Customs (Appraisement) Peshawar to implement the judgement of Customs Appellate Tribunal dated 08.01.2004 in letter and spirit as upheld by High and Supreme Court of Pakistan.
Collectorate of Customs (Appraisement) Peshawar has categorically conveyed to the FTO that the relevant record is being examined with a view to implement the judgement of superior courts of the country.
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FBR does not respect FTO judgements and prefers to refer the case to President of Pakistan on appeal.
Please post followup after 3 months on case progress to ascertain this.
یہ کیس ایف بی آر کی کارکردگی کی عکاسی کرتا ہے اور ملک کی اعلی عدلیہ سپریم کورٹ اور ہائی کورٹ کی فیصلوں کو کس طرح سالوں سال نظرانداز کرکے ٹیکسپئر کی پیسوں کو ہڑپنے کیلئے دہائیوں تک کیسسز کو نہ نمٹانا اور اس پر افسران بالا کی طرف سے خاموشی بلکہ آنکھیں بند کرنا ایک سوالیہ نشان ہے
Yar never bring gold to Pakistan, don’t take away gold from Pakistan
Just work in UAE, invest over there. Here in Pakistan system is complicated. This lucky person gets decision after 27 years
Otherwise even after 50 years, cases don’t stop.
Mostly Babu is above the law and and all other public servents defence judicial professional and financials always try to remain on good terms with babu.
Losing half of country and never gone through any accountability.
Not developing hydal power projects on time.
Not exploring oil and gas resources from the country
Doing nationalization of private assets in early 70s.
willful Devaluation of cruncy.
Making contracts against national and people interest like IPPs Rekodek and water treaty with neighbor, fully or partially babu has a major role All such acts and like others force the wise government to invoke article six against those involved But no government is strong enough (morally) to take a stand and stop this backward push to the nation by its own public servents hiding in all organs of state.
Solution to the problem is ruthless accountability under article six in summary trial courts for all those who worked against the interest of people and nation and also those who protected promoted and planted such people.