KARACHI: The Sindh High Court (SHC) has sought comments from the tax authorities on a constitutional petition filed by Muhammad Yaseen, Abdul Ghaffar and Muhammad Saleem against an FIR lodged by customs authorities against them, alleging evasion of the duties and taxes in the sum of Rs 25,105,212.
A two-member bench, comprising Justice Munib Akhtar and Justice Saeeduddin Nasir, was hearing the constitutional petition.
During the hearing, Suhail Muzaffar filed power on behalf of the Directorate General of Intelligence and Investigation and sought time for filing para wise comments, therefore, court granted him time and directed the tax authorities to file comments.
Earlier, counsel for the petitioners stated that petitioners as partners in Essatex Industries which is engaged in export of the textile fabrics and others made ups form various kinds of imported yarns and fabrics.
Counsel informed the court that the respondents have lodged FIR dated 21/09/2016, alleging therein that on account of a credible information the petitioners export bound consignment of 20.716 MT of polyester and viscose printed fabrics dated 05/09/2016 was offloaded from a vessel and was subsequently seized on account of the petitioners’ representatives being tampered/ manipulated the copies of two import DGs’ conceal the fact that the import goods imported there under had not been used in the manufacturing of the consignment under export.
According to the FIR, allegedly it was revealed during the investigation that the petitioners were illegally removing/selling the imported input goods and in this regard 92.84 MT of imported input goods were found unaccounted for establishing evasion of duty and taxes in the sum of Rs. 23, 530, 598 as well as the evasion in respect of the consignment and export being Rs 1, 574, 614.
Citing sectary Revenue Division, Director (Enforcement) Directorate General of Intelligence and Investigation-FBR, as respondents, petitioners pleaded the court may declare that FIR based upon false allegations and falsified facts, is even otherwise patently illegal, without jurisdiction and mala fide and to quash/strike down the same.
