ISLAMABAD: The intervention of the Federal Tax Ombudsman (FTO) may force the Federal Board of Revenue (FBR) to release confiscated 170 tolas gold after passage of 27 years in line with the judgements of Customs Appellate Tribunal, Peshawar High Court (PHC) and the Supreme Court of Pakistan.
In this regard, the FTO has directed the FBR to release confiscated 170 tolas gold on payment of leviable duty and taxes and 10 per cent redemption fine.
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 No02/97, 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 PHC and the Supreme Court of Pakistan.
During hearing, authorised 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 per cent redemption fine. The said judgment has been upheld by PHC vide judgement dated March 18, 2012 and by the Supreme Court of Pakistan vide judgement dated April 26, 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 No144 of 2013 before Supreme Court of Pakistan, which was also dismissed on 16.12.2013.
The Customs Department said 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 dated20.01.2014. As per SRO 1637(1)/2024, dated 18.10.2024, thelegacy 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 scrutinised and the lawful implementation will be processed in light of the judgments of the legal fora in due course of time on merit.
The findings of FTO order revealed Collectorate of Customs (Appraisement) Peshawar has categorically stated that the relevant record is being examined with a view to implement the judgement of superior courts of the country.
The 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.
Copyright Business Recorder, 2025
