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政策法规 现行有效巴基斯坦清关税务

Independent Case Scrutiny Committee (Customs) Rules 2026

效力发布日期生效日期发文机构
现行有效2026-07-222026-07-22Pakistan Federal Board of Revenue (FBR) - Customs
发布07-22
生效07-22
摘要总结AI 辅助解读
巴基斯坦联邦税务局(FBR)发布《2026年独立案件审查委员会(海关)规则》,自2026-07-22起立即生效。该规则设立四个区域性的独立案件审查委员会,旨在对海关拟向高等法院提起的“参考申请”(Reference)或向最高法院/联邦宪法法院提起的“请愿书”(Petition)进行强制性的诉前审查。核心变化在于:未经委员会审查并记录建议,海关不得提起诉讼。此举意在减少无谓诉讼、统一法律适用并控制行政成本,直接影响巴海关执法与争议解决流程。
官方原文
外文原文 · 可AI翻译 · 可溯源

Government of Pakistan

Revenue Division

Federal Board of Revenue

lslamabad, the 22n July. 2026.

NOTIFICATION

S.RO. I I 4 I lfyZOZO.- The following draft of certain frirther amendments in the

Customs Rules, 2001- r,hich the Federal Board of Revenue ploposes to make in exercise ofthe

powers conferred by section 219 of the Customs Act, 1969 (lV of 1969), is heleby published

for infbrmation of all persons likel.v to be atTectr-'d thereby and. as required by sub-section (3A)

of the said section 219, notice is hereby given that objections or suggestions thereon, if any,

may for consideration ofthe Federal Board ofRevenue be sent within seven days ofpublication

of this draft in the official Gazette. Any objections or suggestions which may be received from

any person, before the expiry of the aforesaid period, shall be taken into consideration by the

Federal Board of Revenue, namely: -

%

Draft amendment

In the aforesaid rules, after Chapter XLIX, the following new chapter shall be added,

namely: -

XLX

"Chapter

Independent Case Scrutiny Committee Rules

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

Board of Revenue Independent Case Scrutin-v Committee (Customs) Rules, 2026.

(2)

They shall come into force at once.

  1. Definitions. - ln these rules, unless there is anlthing repugnant in the subject or

context.

(a) "Chairperson" means the head of the lndependent Case Scrutin.v

Committee;

(b) "committee" means an]' of the independent case scrutin).' committecs

constituted under these rules fbr specified territorial jurisdiction:

(c) "petition" means a petition to the Suprerne Court under Article 18513) of

the Constitution of the Islamic Republic of Pakistan or the Federal

Constitutional Coufi:

(d)

"reference" meals 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;

(f)

"serving or Retired Member of the Committee" means a sen'ing or retired

officer of Customs of Bs-20 or above.

124.1. Constitution, Jurisdiction and Functions of the committees: ['he Board through

an order shall constitute the following conrmitlees w'ith polrers. functions and jurisdiction.

namely: -

Committee No. I (North)

S.No I\'l cnr hcr Status l'unctions and Jurisdiction

i.

to timely eramine eaoh case belbre a

A

I retired Judge of Chairpetson decision is made to Ille a ref'erence

the Supreme Court, b.'fore the H igh Coun. a pclition

Federal Constitutional befbre the Supreme Court or F'c'deral

Coun or any of the Conslitutional Courl:

High Courts of ii. to r('view pending reterences and

to

Pakistan petitiorls periodicall;- detenrrine

whether continualion of litigation is

An

Advocate having u,arranted:

not less tl.ran fifteen iii. to maintain a database of setllc'd

years' experience in lvJcnrbr'r legal questions and relevant

Customs. Tax and precedents to guide luture litigation

commercial litigation decisions and ensure corrsistencyl

before lhe Fligh Courts and

antl/or the Supreme ir. to identili slstemic issucs rerluiring

legislative or

Court of Pakistan administralive

interventions and recornmend

A serving or retired appropriate measures to the Board.

oflicer of Mcnrb,.-r

-1 Customs

Service of Pakistan as Jurisdiction: Ret-erences to be filed

defined tmder these before the High Court and CPLA to be

rules tlled betbre the Supreme Court and

F'ederal Constitutional Court by:

i. Collectorate ol

Customs

(Airports) Islarnabad:

ii. Collectorate ol Custorns (IOCO)

Islamabad;

iii. Collectorate of

Customs

(Enforcement), slamabad;

I

iv. Collectorate of Customs. Gilgit

Baltistanl

v. Directorate of Transit Trade,

Gilgit Baltistan:

vi. DirectorateP General. l&RM-

Customs, Islamabad;

vii.

Director of I&RM, Islamabad;

viii. PCA

Directorate of and

Intemal Audit. Islarnabad:

ix.

Directorate General and Director.

l

IPRE 1North), Islarnabad:

\ DG NNDA. Islamabad:

of

\I. Customs Academy Pakistan.

lslamabad:

\lt Directorate of National Nuclear

Detection Architecture (NNDA),

Islamabad;

xllt Collectorate of Customs

(Errforcement), Peshawaq

xt! Collectorate of Customs

(Apprai sement), Peshawar;

Collectorate of Cutoms

(Appraisement), Kohat;

x\,t. Directorale of I&RM, Peshaw'ar

n,ii Directorale of Valuation-

Customs. Peshawac

xvlll. Directorate ol Transit Trade.

Peshawar:

xtx. DN FBP, Peshawar;

Customs

xx. Enforcement

School, Peshawal

\\t Office of the Chief Collector

AppraisementNorth. Peshawar;

xxll. Office of the Chief Collector

Enforcement, Islarnabad: and

x\t Otllce of the Chief

.

Col lector Airports. lslamabad.

Committce No. 2 (Central)

S.No. \tcmbcr St:rtus

Functions and .lurisdiction

I A retired Judge of the ('hairperson i. Io timely examine each case

Supreme Court. Federal belirre a decision is made to file

Constitutional Courl or a ret'erence before the High

any of the l'{igh Courts oi Cour1. a petition before the

Pakistan Suprenre Court or Federal

2 An Advocate having not Memher Constitulional Court:

less than fifteen years' ii- 1o revie*,pending relbrences and

in

experience Custonrs" petitions periodicall,v'' to detemrine

Tax and Commercial uhether continuation of litigation

litigation belbre the High is rvarranted:

Courts and/or lhe iii. to maintain a database of settled

Supreme Court of legal questions and relevant

Pakistan precedents to guide future

3 A serving or retired litigation decisions and ensure

olllcer ol

Customs Mcnrber colrsistency: and

Serv'ice of Pakistan as iv. to idcntill systenric issucs

rcquiring legislative

deflned under these rules or

administrative interventions and

recornrnend

appropriate

measures to tlre Board:

Jurisdiction: Relerences to be filed

betbre High Couft and CPLA to be filed

l

before lhe Supreme Court and Federal

Constitutional Court by'. l

i. Collectorate of

Customs

(Enforcement). Lahore:

ii. Collectorate of

Customs

( Enforccnrcnt ). Sargodha:

iii. Collectorate of

Customs

(Airports). Lahore;

iv. Collectorate of

Customs

(Sambrial). Sialkotl

v. Collectorate of Customs (IOCO).

[-ahore:

vi. Collectorate of Customs,

Appraisernent-Faisalabad:

vii. Collectorate ol Customs

Appraisement-Wes1. Lahorel

viii. Collectorate of Customs

(Enforcernent), Multan:

ix. of

Directorate l&RM-Customs,

Lahore;

x. Directorate of PCA and [nternal

Audit lCentral). Lahore;

xi. Directorale ol NNDA, Lahore;

xii. Director IPRE (Central), Lahore;

xiii. Directorate of Valuation-Customs.

Lahore;

xiv. Directorate ol Trar.rsit Trade. Lahore:

xv. Offrce of the Chief Collector

Central, Punjab; and

xvi. Collectorate of Customs

Enforcement. lndus.

(lommittee No.3 (South-l

)

S.No. \Iembcr Status Fu nctions and J urisdiction

A of

l retired Judge the Chairperson i to timel) exarnine each case before

Supreme Court, Federal a decision is made to file a rel-erence

Constitutional Court or betbre the ligh Court. a pelitiorl

I

an1' of the High Courts of belore the Supreme Court or Federal

Pakistan Constitutir-rnal Courl:

An Advocate having not to review pending references and

.

less than fifteen years' petitions periodically to determine

2 experience in Custorns. Member whether continualion of litigation is

Tnx and

Commercial warranted:

litigation before the High l to maintain a database of settled

Courts and/or thc legal qucstions and relevant

Supreme Courl ol precedents to guide future litigation

Pakistan decisions and ensure consistency

A sen'ing or retired and

officer of

., Customs Mernber to identit_v systemic issues requiring

Sen'ice of Pakistan as legislative ol adminislralive

defined under these rules interventions and reconrmend

appropriate measures to the Board:

1

JurisdicJion: References to be liled

belbre High Court and CPLA to be filed

befbre the Supreme Cout and Federal

Clonstitutional Court by:

Collectorate of

Customs

I

(Entbrcement).

Quettal

It Collectorate of Customs

(Enfbrcement), Gadani;

Collectorate of

llr Customs.

Appraisement. Quettal

Collectorate of Customs

(Apprai sement), Gwadar;

ol

Collectorate Customs

(Appraisement). Taftan;

\t Directolate of I&RM-Customs,

Quetta:

\ The Direclor, Valualion-Customs,

Quetta:

\lll Directorale o{ Transit Trade.

Quetta;

Collectorate of

tx. Clustoms

(Enforcement), Karachi;

Collectorate of

Customs

(Enforcement). Hyderabad;

xl Collectorate of Custon.rs (Airports),

Karachi:

x . Directorate of NNDA, Quetla;

x

l. DNFBPs, Quetta;

xiv. Office of the Chief Collector

Appraisenent, Balochistan.

Committeo No. 4 (South-II)

S,No, l\tember Status Functions & Jurisdiction

A retired .Tudge of the Chairperson to timely exarnine each case belbre

1

Supreme Cour1. Federal a decision is made to lile a

Constitutional Court or ret-erence before the lligh Court, a

any of the High Courts of petition before the Suprenie Court

Pakistan or Federal Constitutioral Court:

An Advocate having not to revierv pending refbrences and

.

less than fifteen ears' petitions pcriodically to detcrmin.'

.) y-

in Nlember

experience Custon.rs, slrether continuation of litigation is

Tax and

Commercial q,arrauted:

litigation betbre the High |ll to maintain a database ol settled

Corms and/or the legal questions and relevant

Supreme Court of precc-dents to guide future Iitigation

Pakistan decisions and ensure consistency;

A sening or

retired and

olllcer of

Customs to id.'ntify sl sternic issucs rcquiring

of Member legislatire ot

Serv'ice- Pakistan as ad rn inistralir e

defined under these rules interventions and recommend

appropriate measures to the Board:

5

Jrisdiction: Relerences to be filed before

High Court and CPLA to be filed before

the Suprenre Court and Federal

Constitutional Court by:

Collectorate

of Customs

I

(Exports-PMBQ), Karachi;

Collectorate

II olCustoms

(Export). Karachi;

Collectorate

of Customs

(Appraisement-East). Karachi

Collectorate

of Ctstoms

(AppraisenenrWest), Karachi:

Collectorate of Customs

{ Appraisernent-SA PI ). Karachi:

Collectorate

of Customs

(Appraisement-PMBQ), Karachi;

Collectomte

! of Customs

(IOCO). Karachi:

vlll Directorate of I&RM-Customs"

Karachi:

lx. Directorale oi PCA and Intemal

Audit (South). Karachi:

\ I)irectorate

of NN DA,

Karachi:

ll. Directorate of IPRE (South).

Karachi;

of

xll Directorate General Custorrs

Academl ol Pak istan. Karachi:

llll Dircctorate General of Valuation-

Customs, Karachi;

of

x,\' Directorate Ceneral Transit

Trade (liQ), Karachi & directorate

of '['rade

T'ransit (Operalions).

Karachi:

Directorate of Relbrms and

Automation-Custorns. (R&A).

Karachi:

xvl Office ol'the Chief Collector

(Appraisernent-South ). Karachi :

and

x\ Oftice of the Chief Collector

Exports & IOCO (Hqr), Kalachi.

  1. Search Committee. - '['he Board. for tl.rc- purpose of identifying suitable

candidates, may constitule a search comnitlee, the con.rposition" Iems ol refbrence and

procedure whereofshall be determined by the Board.

  1. Procedure, Secretariat, Confidentiality, Scrutiny and Review.

--(1)

Prnceedings and records placed before ihe comrnittr-e shall be confidential.

(2) The Chairperson or ar1"v Member hal,ing a contlict of interest i11 a n.ratter shall recuse

himself and such recusal shall be recorded in the minutes. ln an.v-' such case. the Chairperson or

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

6

(3)'fhe Secretary shall convene rneetings, circulate agenda, maintain minutes and a case

register or docket and conrmunicate thc'committee's reconrmendations to the Member (l.egal &

Accounting-Customs) and the ChielCollector or Director General, concerned.

(4) The Member (Legal & Accounting-Customs) or Member (Customs-Operations) or

Chief Collector or Director General shall refer a case for pre-filing scrutiny and any pending

reference or petition for review, including consideration ol rvithdrawal or non-pursrnnce. and

the Secretary shall immedialell place such cases belore the committee, accordingly.

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

writing, transfer the jurisdiction ofa case from one case scrutiny committee to another.

  1. Mandatory pre-filing scrutiny. - No rel-erence belore a High Court or pctition

betbre the Supreme Court or lrederal Constitutional Coun- aftcr thc issuance of thcse rules"

shall be filed unless the case has been placed belore the concemed committee and the

commiltee's recommendation is on record.

  1. Referral and Proceedings of the Committee. - ( I ) The enlire process ol referral

of cases to the committee, proceedings and conrmunication of its recommendation. shall be

conducted through a dedicated portal by PSW or through such moditications as may be nrade to

the existing WeBOC system for the said purpose.

(2) Notwithstanding anlthing contained in sub-rule (l), until the said portal is

q operationalized, relerrals and proceedings may be made through mantnl mode in such lbnn and

manner as the Member lLegal & Accounting-Customs) may determine.

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

reference. documents required. revenue implications involved, questions of larv requiring

interpretation. precedents and settled law. basis ofthe case, lhe original decision. the appellate

decision u,here applicable, and the reconrmendatiorr ol the Chiel Collector or Director General

/

concemed or Member (Customs-Operations) Member (Legal /Accounting-Customs) where

applicable. and all relevant documents shall be attached thereto.

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

often as necessary to discharge its functions effectively. However, unless the workload

pending is zero at any given day, the committee shall convene on daily basis. The

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

(2)

The quorum for a meeting shall be three Members. including the Chairperson

and the Advocate Member.

(3)

The decision shall be by majoritl'vote and recorded in the minutes rvith brief

reasons; an-v dissenting opinion. if recorded by a Mc'nrber. shall tbmr part of the official record.

  1. Withdrawal or non-pursuance. -Where the conmittee recommends withdrau'al

or

no n -pursuance ofany case, the Secretary shall infonn the ret'erring authority accordingly

under intimation to the Member (t,egal and Accounting - Custorns) and Member Customs

(Operations).

  1. Calling for record. - 'I'he comnrittee may call tbr any record. brief. or

clariiication fiom any office or field lbrmation through the Secretary.

1252, Timelines for decision. - (l)'fhe committee shall endeavol to decide each case

placed belbre il within fifteen days of the receipt ofthe case.

(2)

In case the Committee lails to flnalize its recommendations within fifteen days.

I

the Chairperson under intimalion to Member (i.egal & Accounting-Customs), may extend this

time for further ten days.

(3) Ilttre committee does no1 r!-nder a decision rvithin the prescribed timc-line (including

any extension under sub-rule 121 above), the case shall be dt'emed to have been cleared for

liling, subject to compliance with all other applicable legal requirements and the secretary shall

record in w ling that the prescribed period has been lapsed and intimale the Mernber, or Chief

Collector or Director General concemed to proceed accordingly'.

  1. Emergency and urgent references/petitions. - (1) Where the period of

limitation for filing a relerence or petition is expiring within fifteen days. or where there is

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.

(2) The Chairperson may, after prima facie satisfaction of the urgency, approve a

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

(3)

Any emergency approval granted under this rule shall be subject to post-facto

review by the full committee within thirty days.

  1. Publication and transparency, - (l) The cornmittee shall cause to

publish, on a 1'earll basis, anonymized summaries of its recomrnendalions exclLrding

confidential commercial infonnation and taripayer identif,ving details.

\ra' (2) The published sun.rmaries shall include the questions of larv considered. the decision

criteria applied, and the recommendation made.

(3)

The committee shall maintain a searchable database of published decisions for

reference by field formations and to ensure consistency in future decisions.

  1. Tenure. - The Chairperson and the members shall hold otilce ibr a temr ol'one

year. extendable for a fuilher tcml of one year, on continued fitness and satisfactory

performance, as may be decided b,v'' the Board.

  1. Resignation and removal. - (l) The Chairperson or any member n.ray resign. in

rvriting, tluough an application addressed to the Board rvith thirt,v- days'notice.

(2\

The Chairpersorl or an.v mernber may be removed by the Board on grounds ol'

corrupt practices, conflict of interest, misconduct. breacl.r of coniidentiality'. or inabilit-r.' to

perform firnctions. after providing an opportunity ofbcing heard.

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

committee shall be paid Fees as follows: -

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

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

respect of which a recommendation is made, whether in favour of filing or

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

(b) the Advocate Member shall be entitled to a monthly Fee of eight hundred

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

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

8

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

(c)

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

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

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 twenty

cases per month: and

(d)

the remuneration ofthe support staffshall be determined by the Board.

(2)

The serving officer of Customs being member of the committee and the

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

reward,/honorarium for work undertaken for the purposes of the committee, under relevant

rules.

(3)

The Chairperson and all Members excluding serving Members of BS-20, shall

be entitled to TA"/DA for official travel as admissible to a grade 21 offrcer of the Federal

Govemment.

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

submit an annual report to the Board by the 3 I st of March each year, covering the preceding

of,-

financial year and shall consist

(a)

the number of cases reviewed, and recommendations made (to file, not to file,

or to withdraw);

(b)

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

pending, or seftled);

(c)

analysis of success rate and factors contributing to favorable or unfavorable

outcomes;

(d) revenue implications of decisions made pursuant to committee

recommendations;

(e) identification of recurring legal issues and systemic problems requiring

Iegislative or administrative intervention;

(0 Recommendations for improving litigation management and

enhancing the effectiveness ofthe committee.

[('.No.2(7) r_ & P/20]61

(Zubair Shah)

Secretary' llaw & Procrture)

9

§
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