KARACHI: M/s Kamran Lubricants Pvt Ltd Director Mian Abdul Rasheed, who is booked in a case of mega tax evasion, moved petition before customs court under section 265-K Cr. PC read with section 185-B (d) of the Customs Act, 1969 for acquittal.
During the hearing on 14-7-2018, counsel for the above-mentioned importer argued that according to the FIR, the incident occurred on May 26, 2009; whereas, the FIR was lodged on November 24, 2009, alleging that a consignment was allegedly imported by the petitioner by declaring description as residue of petroleum, which is chargeable of customs duty at 0% sales tax at 16% and income tax at 2%.
He further argued that prosecution allegations fixed that quantity and other particulars were grossly mis-declared by the importer to cause revenue loss to the government, representative samples were drawn, customs house laboratory identified the goods as diesel oil instead of declared description as residue petroleum in the B/L and cargo information electronically filed by the concerned shipping agent. Therefore, importer tried to evade customs duty and taxes to the tune of Rs6,207,826 thus committed an offense under section 2 (s) 2 (kka) section 16 and relation offences under section 32, 155 (A) (CENF).
Counsel further argued that allegation are baseless and prosecution not produced any single concrete evidence against his client; therefore, the court has power to acquit his client for lack of evidences.
