BR100 Decreased By (-0.91%)
BR30 Decreased By (-1.47%)
KSE100 Decreased By (-0.78%)
KSE30 Decreased By (-0.75%)
AGHA 6.67 Decreased By ▼ -0.01 (-0.15%)
BECO 4.35 Decreased By ▼ -0.02 (-0.46%)
BML 56.17 Decreased By ▼ -1.15 (-2.01%)
BOP 30.12 Decreased By ▼ -0.23 (-0.76%)
CNERGY 12.98 Decreased By ▼ -0.14 (-1.07%)
CSIL 5.31 Decreased By ▼ -0.10 (-1.85%)
FCCL 51.65 Decreased By ▼ -1.14 (-2.16%)
FFL 14.49 Decreased By ▼ -0.23 (-1.56%)
FNEL 1.21 Increased By ▲ 0.09 (8.04%)
KEL 6.06 Decreased By ▼ -0.03 (-0.49%)
KOSM 5.84 Increased By ▲ 0.11 (1.92%)
LOTCHEM 26.17 Decreased By ▼ -0.29 (-1.1%)
MLCF 91.23 Decreased By ▼ -1.93 (-2.07%)
NBP 164.19 Decreased By ▼ -0.47 (-0.29%)
NCPL 53.18 Decreased By ▼ -2.48 (-4.46%)
NPL 59.12 Decreased By ▼ -2.04 (-3.34%)
OGDC 313.39 Decreased By ▼ -3.34 (-1.05%)
PACE 9.77 Decreased By ▼ -0.10 (-1.01%)
PAEL 35.24 Decreased By ▼ -0.39 (-1.09%)
PIBTL 14.71 Increased By ▲ 0.03 (0.2%)
PPL 221.36 Decreased By ▼ -5.55 (-2.45%)
PRL 91.22 Decreased By ▼ -1.80 (-1.94%)
PTC 59.19 Decreased By ▼ -1.07 (-1.78%)
SSGC 23.30 Decreased By ▼ -0.51 (-2.14%)
TBL 8.75 No Change ▼ 0.00 (0%)
TELE 7.61 Decreased By ▼ -0.19 (-2.44%)
TPL 22.03 Decreased By ▼ -0.32 (-1.43%)
TPLP 12.56 Decreased By ▼ -0.41 (-3.16%)
TREET 21.73 Decreased By ▼ -0.43 (-1.94%)
TRG 55.79 Decreased By ▼ -0.77 (-1.36%)

ISLAMABAD: The Sindh High Court (SHC), Tuesday, declared that the officers of the Collectorate of Customs (Adjudication) have no jurisdiction to recover or adjudicate any short levy/ recovery of sales tax and income tax on the imported consignments released/ cleared from Customs Department.

In this connection, the SHC has issued an order here on Tuesday in the case of a multinational company versus the Federal Board of Revenue (FBR).

The petitioners have impugned respective notices/ constituents thereof, issued by the officers of the Collectorate of Customs (Adjudication) on the ground that after release/ clearance of their import consignments, Adjudication had no jurisdiction to assess, recover or adjudicate any alleged short levy of income tax and sales tax; and the jurisdiction, if any, in this regard vests with the Inland Revenue department.

Briefly stated, the petitioners had imported consignments, which had been assessed, cleared and released by the Customs department. Post accrual of a significant period of time thereafter, the Collectorate of Customs (Adjudication) issued notices alleging short recovery of income tax/ sales tax and sought to adjudicate and recover the same.

PBF urges govt to simplify procedure for clearing imported goods

It was the petitioners’ case that post clearance, the assessment, adjudication and recovery of any discrepancy in income tax/ sales tax falls within the domain of Inland Revenue, and Adjudication is devoid of any jurisdiction in such regard; hence, these petitions.

The petitioners pleaded that there is separate provenance of customs, income tax, sales tax, and excise in the Constitution and the said segments operate in different fields. It was argued that chargeability, assessment and recovery are individual and distinct functions conferred by statute; while Customs has been bestowed the power to collect taxes at the import stage, such power does not include any power to assess, adjudicate and recover income tax and sales tax post clearance of the consignments.

It was concluded that in the manifest presence of specific statutory provisions for assessment, adjudication and recovery of income tax/ sales tax in the respective parent statutes, no interference by adjudication was merited in respect of cleared past consignments.

To the extent of collection, payment, and enforcement including recovery at the time of imports, the Sales Tax Act, 1990 confers parallel jurisdiction upon the Customs department; however, no case has been established before us to consider any jurisdiction of the Adjudication to assess, adjudicate and/ or recover any short levy of sales tax once the import/ consignment has been assessed and released per sections 79-80 of the Customs Act 1969.

The SHC’s order added that for reasons to be recorded later on, these petitions are allowed to the extent that the officers of the Collectorate of Customs (Adjudication) have no jurisdiction to recover or adjudicate any short levy/ recovery of sales tax and income tax once the imported consignments have been assessed to duty and taxes in terms of section 80 of the Customs Act, 1969 and are released/ cleared from Customs.

The impugned show-cause notices, only to this extent are held to be issued without lawful authority and jurisdiction and are hereby set-aside; however, the proceedings, if any, in respect of short levied sales tax and income tax can be initiated by the Officers of Inland Revenue Department, strictly in accordance with the law, the SHC added.

Copyright Business Recorder, 2022

Comments

Comments are closed for this article.