| Case ID |
430acd4e-08f5-4eb3-90b8-011d433fe13f |
| Body |
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| Case Number |
Complaint No. 504 of 2004 |
| Decision Date |
Sep 17, 2004 |
| Hearing Date |
|
| Decision |
The Federal Tax Ombudsman recommended that the auction price paid by the Complainant amounting to Rs.850,000 be refunded to him. Additionally, it was instructed that the Central Board of Revenue should issue guidelines to ensure that in cases of vehicle seizures, the Customs Authorities must verify through forensic tests and police services to ascertain that the vehicle is not stolen before issuing confiscation orders. This decision emphasizes the importance of due diligence by authorities to prevent loss to legitimate bidders. |
| Summary |
This case revolves around a complaint regarding the auction of a Pajero vehicle, which was later discovered to have a tampered chassis number and was claimed to be stolen. The complainants, Safdarullah and Muhammad Bakhtiar, purchased the vehicle at an auction conducted by Customs Authorities. After the purchase, they learned that the vehicle was seized as stolen. The Federal Tax Ombudsman found that the Customs Authorities failed to conduct proper verification before auctioning the vehicle, which constituted maladministration. The Ombudsman ruled in favor of the complainants, recommending a refund of the auction price and calling for improved procedures to prevent such issues in the future. The case highlights the significance of accountability and due diligence in government operations, particularly regarding the auctioning of seized property. |
| Court |
Federal Tax Ombudsman
|
| Entities Involved |
Customs Authorities,
Federal Tax Ombudsman
|
| Judges |
Justice (Retd.) Saleem Akhtar
|
| Lawyers |
Safdarullah and Muhammad Bakhtiar for the Complainants,
Muhammad Arshad Khan, DC, Customs, Abdul Razzaq, Inspector, Anti Car Lifting Cell and Asrar Hussain Rizvi for the Respondent
|
| Petitioners |
Safdarullah,
Muhammad Bakhtiar
|
| Respondents |
Secretary, Revenue Division, Islamabad,
Asrar Hussain Rizvi,
Muhammad Arshad Khan, DC, Customs,
Abdul Razzaq, Inspector, Anti Car Lifting Cell
|
| Citations |
2008 SLD 1011,
2008 PTD 617
|
| Other Citations |
Not available
|
| Laws Involved |
Customs Act, 1969,
Establishment of Office of Federal Tax Ombudsman Ordinance, 2000,
Criminal Procedure Code, 1898
|
| Sections |
201,
2(3),
550
|