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政策法规 现行有效巴基斯坦清关税务

Regarding addition of new Chapter in Customs Rules 2001 - Independent Case Scrutiny Committee Rules

效力法规类型发布日期生效日期发文机构
现行有效部门规章2026-08-192026-08-19Pakistan Federal Board of Revenue (FBR) - Customs
发布08-19
生效08-19
摘要总结AI 辅助解读
巴基斯坦联邦税务局(FBR)发布SRO 1413(I)/2026,在《2001年海关规则》中新增第L章“独立案件审查委员会规则”。该法规建立了四个区域性的独立案件审查委员会(ICSC),由退休法官、资深律师及海关官员组成。核心变更在于实施强制性的诉前审查机制:海关部门在向高等法院提起上诉(Reference)或向最高法院/联邦宪法法院提交请愿书之前,必须经ICSC审查并获得建议。此举旨在控制诉讼成本、确保法律适用一致性并防止无谓的税务争议升级,直接影响巴基斯坦境内所有涉及海关行政诉讼的案件流程。
官方原文
外文原文 · 可AI翻译 · 可溯源
巴基斯坦 FBR 海关法规 SRO 1413(I)/2026(2026-08-19)

Government of Pakistan

Revenue Division

Federal Board of Revenue

it ide -ft

Islamabad, the 19th August. 2026.

NOTIFICATION

S.R.O./Z//3 (l)/2026.- In exercise of the powers conferred by section 219 of the Customs

Act. 1969 (IV of 1969). the Federal Board of Revenue is pleased to direct that the following lurthei

amendment shall be made in the Customs Rules. 2001. which, as required under sub-section (3A) of

the said section, were previously published vide Notification No.S.R.O. 1141(I)/2026. dated the

22nd July, 2026. namely:-

In the aforesaid rules, after Chapter XI IX. the following new chapter shall be added.

namely: -

“Chapter -L

Independent C?ase Scrutiny Committee Rules

  1. Short title and commencement. - (I) These rules shall be called the Federal

Board of Revenue Independent Case Scrutiny Committee (Customs) Rules. 2026.

(2) They shall come into force at once.

  1. Definitions. - In these rules, unless there is anything repugnant in the subject or

context. —

2-

(a) “Chairperson" means the head of the Independent Case Scrutiny

Committee:

(b) "committee" means any of’ the independent case scrutiny committees

constituted under these rules for specified territorial jurisdiction:

(c) "petition" means a petition to the Supreme Court under Article 183(3) of

the Constitution of' the Islamic Republic of Pakistan or the Federal

Constitutional Court:

(d) "reference" means a reference to the High Court under section 196 of the

Customs Act. 1969 (IV of 1969);

(e) “Secretary" means an officer of Pakistan Customs Service nomimated by

the Board for the purposes of the committee: and

(fi "Serving or Retired Member of the Committee" means a serving or retired

officer of Customs of Bs-20 or above.

  1. Constitution, Jurisdiction and Functions of the committees: I he Board through

an order shall constitute the following committees with powers, functions and jurisdiction,

namelv: -

I

Com ni it tee N o. 1 ■

Status Fun ctionsjin d J i uisd i c tie m

S.No Member

to timely examine each case before a

i.

Chairperson decision is made to tile a reference

A retired Judge of

1

before the High Court. a petition

the Supreme Court,

before the Supreme Court or federal j

federal Constitutional

Constitutional Court:

Court or any of the

to review pending references and j

High Courts of ii.

petitions periodically to determine

Pakistan

whether continuation of litigation is

An Advocate having warranted:

a database ol settled j

not less than fifteen iii. to maintain

Member

questions and relevant

years' experience in legal

Customs, lax and precedents to guide future litigation |

decisions and ensure consistency;

commercial litigation

before the High Courts and

iv. to identify systemic issues requiring !

and/or the Supreme

legislative or administrative 1

Court of Pakistan

interventions and recommend I

A serving or retired appropriate measures to the Board.

Member

officer of Customs

.Jurisdiction: References to be filed (

Service of Pakistan as

before the High Court and CPLA to be |

defined under these

filed before the Supreme Court and |

rules _

Federal Constitutional Court by:

Customs

Coll ectorate of

1.

(Airports) Islamabad:

Colleclorate of Customs (1OCO)

ii.

Islamabad:

Colleclorate of

iii.

(Enforcement). Islamabad:

Collectorale ot Customs. Gilgi'.

iv.

Baltisian;

of Transit Trade. .

v. Directorate

Gilgit Baltisian;

Directorate General. 1&R.M- j

vi.

Customs. Islamabad:

Director of l&RM. Islamabad:

vii.

Directorate ot PCA and

viii.

Internal Audit. Islamabad;

Directorate General and Diicctoi.

ix.

IPRE (North). Islamabad:

DG NNDA. Islamabad:

X.

Customs Academy of

xi.

2

Islamabad;

Directorate of National Nuclear

xii.

Detection .Architecture (NND.X).

Islamabad:

xiii. Collectorale of Customs

(Enforcement). Peshawar:

xiv. Collectorate of Customs

(Appraisement). Peshawar:

xv. Collectorate of Customs

(Appraisement). Kohat:

Directorate ofl&RM. Peshawar

XVI.

Directorate of Valuation- i

XVII.

Customs, Peshawar:

xviii Directorate of Transit Trade.

Peshawar;

xix. DNFBP, Peshawar:

x\. Customs Enforcement

School. Peshawar:

xxi. Office of the Chief Collector ,

.A ppntisemen t-Noi l h. Pcsh;t wa r:

Office of the Chief Collector |

xx ii.

Enforcement. Islamabad; and

xxiii. Office of the Chief

Collector Airports. Islamabad.

j Committee No. 2 (( entral)

'TNo? Member Status Functions and Jurisdiction

____ _________ _ —..........

1 Supreme Court, Federal before a decision is made to file J

i Constitutional Court or a reference before the High i

: any of the High Courts of Court, a petition before the

i Paidsitin Supreme Court or Federal

2 An .Advocate having not Member Constitutional Court;

: less than fifteen years' ii. to review pending references and i

petitions periodically to determine

; experience in Customs,

I fax and Commercial whether continuation of litigation

litigation before the High is warranted:

i Coans aanndd//oorr the iii. to maintain a database of’ settled ,

j Supreme CCoouurrtt of legal qquueessttiioonnss aanndd relevant !

precedents ttoo gguuiiddee future i

j Pakistan

litigation decisions and ensure '•

! 3 A serving or retired

consistency; and

! officer of Customs Member

Sen ice of Pakistan as iv. to identify systemic issues

requiring legislative or

defined under these rules

administrative interventions and

3

recommend appropt iatc

measures to the Board:

Jurisdiction: References to be hied

before High Court and CPI .A to be hied

before the Supreme Court and Federal

Constitutional Court by.

Customs

Collectorate of

i.

(Enforcement). I ahore:

ii. Collectorate ol

(Enforcement). Sargodha;

iii. Collectorate of

(Airports), Lahore;

Customs

iv. Collectorate of

(Sambrial), Sialkoi:

v. Collectorate of Customs (IOCO).

Lahore:

Collectorate of Customs.

vi.

Appraisemcnt-Faisalabad:

of Customs

vii. Collectorate

Appra i semen t-West. Lahore:

of Customs

viii. Collectorate

Appraisement-East. I.ahore:

Collectorate of Customs

ix.

(Enforcement). Multan:

Directorate of l&RM-Customs,

x.

Lahore;

Directorate of PCA and fnicrnal

xi.

Audit (Central). Lahore:

xii. Directorate of NNDA. Lahore:

xiii. Director IPRE (Central). Lahore:

xiv. Directorate of Valuation-Customs,

Lahore:

xv. Directorate of Transit Trade. Lahore: ,

xvi. Office of the Chief Collector

Central. Punjab: and

xvii. Collectorate of Customs

Enforcement. Indus.

---;

; Committee No. 3 (South-1)

Functions and Jurisdiction

f S.No. Member Status

to timely examine each case before

A retired Judge ol the Chairperson i. a decision is made to file a reference

1

Supreme Court, Federal before the High Court, a petition |

Constitutional Court or before the Supreme Court or fFeeddeerraall >

any of the High Courts of

Pakistan __

4

Constitutional Court:

An Advocate having not

to review pending references and

less than fifteen years’ il,

Member petitions periodically to determine

experience in ( ustoms.

whether continuation ol litigation is

fax and Commercial

warranted:

litigation before the High

to maintain a database of settled

Courts aanndd//oorr the iii.

legal questions and relevant ;

precedents to guide future litigation I

decisions and ensure consistency {

; A serving or retired

and

officer of Customs Member

Service of Pakistan as iv. to identify systemic issues requiring

legislative or administrative

defined under these rules

interventions and recommend

appropriate measures to the Board:

Jurisdiction: References to be filed

before High Court and CPLA to be filed

before the Supreme Court and federal

Constitutional Court by:

Collectorate of Customs

i.

(Enforcement). Quetta:

ii. Collectorate of Customs

(E n fo rc em en t). G ad an i;

iii. Collectorate of Customs. ■

Appraisement. Quetta:

iv. Collectorate of Customs

( Appraisement). Gwadar:

v. Collectorate of Customs

(Appraisement). Taftan;

Directorate of I&RM-Customs.

VI.

Quetta:

vii. The Director. Valuation-Customs, :

Quetta;

viii. Directorate of Transit Trade, I

Quetta:

Directorate of Transit Trade.

IX

(iwadar;

x. Collectorate Of ('ustoins

(Ei 11 dree me n t). Karac hi;

xi. Collectorate of Customs,

(Enforcement). I lyderabad;

Collectorate of Customs (Airports), i

XII.

Karachi:

xiii. Directorate of NNDA, Quetta:

5

xiv. DNFBPs, Quetta:

xv. Directorate of Post Clearance

Audit and Internal .Audit

Balochistan. Quetta:

Office of the Chief Collector |

xv i.

Appraisement. IEilochistan.

Committee No. 4 (South-Ii) -H

Functions & .lurisiliclion

S.No. Member Status

to timely examine each case bclbre

A retired Judge of the Chairperson i.

I

a decision is made to file a

Supreme Court, Federal

reference before the High ( oui’. a

Constitutional Court or

petition before the Supreme Court

any of the High Courts of !

or Federal Constitutional Court:

Pakistan_________ ______

to review pending references and

An Advocate having not ii.

petitions periodically to determine

less than fifteen years'

Member whether continuation of litigation is

experience in Customs,

warranted:

fax and Commercial

to maintain a database ot settled ■

litigation before the High iii.

legal questions and relevant |

Courts aanndd//oorr the

precedents to guide future litigation

Supreme CCoouurrtt ol

decisions and ensure consistency.

Pakistan ___ _______

and

~A serving or retired

to identify systemic issues requirim:

iv.

officer of Customs

Member legislative or administrative j

Service of Pakistan as

interventions and recommend

I defined under these rules

appropriate measures to the Board:

.hisdiction: References to be tiled before

High Court and CPI,A to be filed before |

the Supreme Court and Fcdcml

Constitutional Court by:

Collectorate ot ( ustoms

i.

(Exports-PM BQ), Karachi:

Collectorate ofCustoms

ii.

(Export). Karachi:

Collectorate ofCustoms

iii.

(Apprai sement-East). K arachi

Collectorate ofCustoms

iv.

(Appraisement-West). Karachi.

Collectorate ofCustoms

v.

(Appraisemenl-SAP 1). Karachi;

Collectorate ot ( ustoms

vi.

(Appraisement-PMBQ). Karachi.

Col lectorate of ('ustoms

vii.

6

(1OCO). Karachi:

Directorate of I&RM-Customs.

viii.

Karachi:

ix. Directorate of PCA and Internal

Audit (South). Karachi:

x. Directorate of Post Clearance

Audit & Internal (East). Karachi:

xi. Directorate of Post Clearance

Audit & Internal Audit-South

(Exports). Karachi:

xii. Directorate of NN DA.

Karachi;

xiii. Directorate of 1PRE (South).

Karachi:

xiv. Directorate Genera! of Customs .

Academy of Pakistan. Karachi:

xv. Directorate General ol Valuation-

Customs. Karachi:

Directorate General of Transit

XVI.

Trade, Karachi:

xvii. Directorate of Transit Trade

(HQ). Karachi:

xviii. Directorate ol Transit I’rade.

Karachi:

xix. Directorate of’ Reforms and

Automation-(Tistoms, (R&A).

Karachi:

.xx. Office of the Chief Collector

(Appraisement-South). Karachi:

and

xx i. Office of the Chief Collector

Exports & l()CO(lk]r). Karachi. ’

  1. Search Committee. - The Board, for the purpose of identifying suitable

candidates, may constitute a search committee, the composition, terms ol reference and

procedure whereof shall be determined by the Board.

  1. Procedure, Secretariat, Confidentiality, Scrutiny and Review. -(1)

Proceedings and records placed before the committee shall be confidential.

(2) The Chairperson or any Member having a conflict of interest in a matter shall recuse

himself and such recusal shall be recorded in the minutes. In any such case, the Chairperson or

Member from any other jurisdiction as a replacement shall be appointed by the Board.

(3) The Secretary shall convene meetings, circulate agenda, maintain minutes and a case

register or docket and communicate the committee's recommendations to the Member (Legal &

Aceounting-(’iistoms) and the Chief Collector or Director General, concerned.

7

Member (Custonis-( )perations)

« P««»" t- .............. ““V

ihe Secretary shall immediately place such cases before the commdtee. accordingly.

The Member (Legal & Accounting-Customs) may, for reasons to be recorded tn

writing, transfer the jurisdiction of a case from one case scrutiny commtttec to another.

  1. Mandatory pre-filing scrutiny. - No reference before a High Court or petition

before the Supreme Court or Federal Constitutional Court, after the tssuance o these u

:;rbe filed unless the case has been placed before the concerned comm.ttee and the

committee's recommendation is on record.

  1. Referral and Proceedings of the Committee. - (11 The entire process of refcrml

Gf eases to the committee, proceedings and communication of tfs recommendatton, sha 1 U

conducted through a dedicated portal by PS W or through such modtficattons as may be mac c <

the existing WeBOC system for the said purpose.

(2) Notwithstanding anything contained in sub-rule (L. until the sate pot a >s

operationalized, referrals and proceedings may he made through manual mode tn such form an

manner as the Member (Legal & Accounting-Customs) may deter,mne.

(3) The referral shall contain all material particulars including the manner of

Reference documents required, revenue implications involved, questions of law requtrmg

sNNi t- •'

keision where applicable, and the recommendation ol the Chiel C ollctu

Lemed or Member (Customs-Operations, Member (Legal /Accounting-^ ustoms) where

applicable, and all relevant documents shall be attached thereto.

  1. Meetings, quorum and decision-making. - (1) The committee shall meet as

often as necessary to msenarge .. Actions effectively. However, unless he ^kl

to discharge its

ending is zero at any given day. the committee shall convene on datly basts. The

at any given

proceedings of the committee may be in person or through video Imk.

Chairperson

a meeting shall be three Members, including the

(2) The quorum for

and the Advocate Member.

The decision shall be by majority vote and recorded in the minutes with brief

(■3a)ny dissenting opinion, if recorded by a Member, shall form part of the offtcal rcu rd.

reasons:

Where the committee recommends withdrawal

  1. Withdrawal or non-pursuance.

■ case the Secretary shall inform the referring authority acco : ttgl;

o r n o n -pursuance of any

Member (Legal and Accounting - Customs) and Member '. ustofps

under intimation to the L.

(Operations).

record, brief, or

* ■ The committee may call for any

  1. Calling for record. -

fiekl formation through the Secretary.

larification from any office or 1-----

to decide each case

  • (1) The committee shall endeavor
  1. Timelines for decision.

8

placed before it within fifteen days of the receipt ot the case.

p) In case the Committee fails to finalize its recommendations within fifteen days,

the Chairperson under intimation to Member (Legal & Accounting-Customs), may extend this

time for further ten days.

(3) If (he committee does not render a decision within the prescribed timeline (including

under sub-rule (2) above), the case shall be deemed to have been cleared for

any extension

Ulin., subject to compliance with all other applicable legal requirements and lite secretary shall

record in writing that the prescribed period has been lapsed and inlunate the Member, or ( htel

Collector or Director General concerned to proceed accordingly.

  1. Emergency and urgent references/pctitions. - (1) Wheie the period oi

limitation'for filing a reference or petition is expiring within fifteen days, or where there ,s

imminent and substantial revenue loss or for any other reason highlighted by the referring

authority, requiring urgent intervention, the matter may be placed before the Chairperson as an

emergency case.

P) The Chairperson may, after prima facie satisfaction ol the urgency, approve a

fast track decision before the expiry of the period of limitation for filing a reference or petition.

(3) Any emergency approval granted under this rule shall be subject to post-lacto

review by the full committee within thirty days.

  1. Publication and transparency. - (1) The committee shall cause to

publish, on a yearly basis, anonymized summaries of its recommendations excluding

confidential commercial information and taxpayer identifying details.

(2) The published summaries shall include the questions of law considered, the decision

criteria applied, and the recommendation made.

searchable database of published decisions lor

(3) The committee shall maintain a

consistency in future decisions.

reference by field formations and to ensure

; shall hold office for a term of one

  1. Tenure. - The Chairperson and the members

continued fitness and satisfactory

year, extendable for a further term of one year, on «

performance, as may be decided by the Board.

  1. Resignation and removal. - (D The Chairperson or any member may resign, in

writing, through an application addressed to the Board with thirty days* notice.

The Chairperson or any member may be removed by the Board on grounds ol

(2)

corrupt practices, conflict of interest, misconduct, breach of confidentiality, or inability to

perform functions, after providing an opportunity of being heard.

  1. Remuneration and allowances. - (1) The non-serving Members of each

committee shall be paid Fees as follows: -

(he Chairperson shall be entitled to a monthly Fee of twelve hundred thousand

(a)

rupees, and in addition thereto, a per case Fee of twenty-live thousand rupees ,n

respect of which a recommendation is made, whethci in favour o 1 me oi

9

otherwise, subject to a maximum of twenty cases per month:

lhe Advocate Member shall be entitled to a monthly Fee of eight hundred

(b)

thousand rupees, and in addition thereto, a per case Fee ol twelve thousand and

five hundred rupees in respect of which a recommendation is made, whethei in

favour of filing or otherwise, subject to a maximum of twenty cases per month:

the Member who is retired from Customs service, shall be entitled to a monthly

(c)

Fee of eight hundred thousand rupees, and in addition thereto, a per case Fee ol

twelve thousand and five hundred rupees in respect of which a recommendation

is made, whether in favour of filing or otherwise, subject to a maximum of tvs enty

cases per month: and

the remuneration of the support staff shall be determined by lhe Board.

(d)

l he serving officer of Customs being member of the committee and the

(2)

Secretary, shall not be entitled to additional remuneration: however, they may be granted a cash

reivard/honorarium for work undertaken for the purposes of the committee, under relevanl

rules.

(3) The Chairperson and all Members excluding serving Members of BS-20. shall

be entitled to 1 A/D A for official travel as admissible to a grade 21 officer ol the bedcral

Government.

PS8 Annual reporting and performance evaluation. - (1.) lhe committee shall

submit an annual report to the Board by the 31st of March each year, covering the preceding

financial year and shall consist of, —

reviewed, and recommendations made (to tile, not to tile.

(a) the number of cases

or to withdraw):

the outcome of filed references and petitions (decided in favour, against.

(b)

pending, or settled):

and factors contributing to favorable or unfavorable

(c) analysis of success rale

outcomes:

(d) revenue implications of decisions made pursuant to comm it tee

recommendations:

identification of recurring legal issues and systemic problems requiring

(e)

legislative or administrative intervention; and

management and

Recommendations for improving litigation

(f)

enhancing the effectiveness of the committee.

L. _

i C.No.2(7)L&P/20261

(ZulwrSfvahyn.OB

Secretary (Law & Procedinv)

10

§
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