KARACHI: Muhammad Ilyas and Muhammad Naeem, partners of M/s M.I Traders, who were booked in case of mis-declaration and mega tax evasion, approached the Sindh High Court (SHC) against lodging of first information report (FIR) and seizing of hazelnut spread (Nutella).
During hearing on 28.9.2018, Counsel for the petitioners stated in their constitutional petition that Appraisement East lodged FIR against them and claimed that importers declared their consignment of 78,387.75 kg hazelnut spread (Nutella) valuing at Rs11,080,195 and paid Rs8,849,272 as duty and taxes and it was revealed actual prices of said goods is Rs 28,264,229 and importers had to pay Rs22,434,974.
He submitted that customs officials claimed that importers have deliberately fiscal fraud as defined under Section 32-A of the Customs Act, 1969, further they have deliberately mis-declared C&F value of the impugned goods in their goods declaration and evaded precious government revenue to the tune of Rs13,585,702, hence, the accused persons have committed crime of evasion of duties and taxes through mis-declaration of value by submitting fake and forget documents showing under invoiced/suppressed transaction value of the goods in terms of Section 32-A, 79 & 192 of the Customs Act, 1969 punishable under Clauses 14-A, 46 & 86 of Section 156(i) of the Customs Act, 1969 read with allied laws.
He submitted that petitioners imported all said consignments according with law and filed goods declaration accordingly and action of the respondents is illegal, baseless and without jurisdiction.
Citing Secretary Revenue Division and other customs officials as respondents, importers pleaded the court to declare the seizure of the goods liable to confiscation is a mandatory requirement for initiating prosecution proceedings under Clauses 14-A of Section 156 (1) of the Customs Act, 1969.
He further pleaded the court to restrain them from taking any coercive/adverse action against the petitioners including lodging of further first information reports in respect of their previously cleared consignments in the name of their business concern.
It needs to be mentioned here that case was registered against owners/partners of M/s M.I Traders, Muhammad Saleem son of Muhammad Hussain, importer/partner of the firm, Noor Ahmed son of Muhammad Hussain, employee of the firm, Masroor Hussain, proprietor of M/s K.S.K Enterprises.
