SHC issue notices in Customs appeal against Master Beverages Pvt,Ltd

KARACHI: An appellate bench of High Court of Sindh (SHC) comprising Justice Munib Akhtar and Justice Abdul Malik Gaddi on Monday ordered issuance of notices for June 06 to Master Beverages Private Limited Gujranwala in a High Court Appeal (HCA) filed by Pakistan Customs, MCC Port Muhammad Bin Qasim.

The appellant department impugned an order passed by a bench of Sindh High Court directing the appellants/defendants to release all consignments of the plaintiff subject to furnishing of a pay order of rupees 226,323, 315.

The appellant  filing the appeal through Sohail Muzaffar advocate submitted that plaintiff imported a consignment of water beverage filling plant with standard accessories weighing  333,546 metric tons from Krones AG, Germany. The petitioner filed a Goods declaration under PCT heading 6422-3000 claiming exemption of Sales tax in excess of 10 per cent.

The respondents declare value of goods at Euro 130,000 and Customs department assessed the payable at rupees 30,944,195. Mean while the Customs hierarchy kept on investigating the case and found that recently a company ‘Sukkur’ Beverages paid duty, taxes etc at a rate of rupees Euro 21.8 per kilogram.

The custom authorities calculated the evaded revue to be of rupees 226, 323, 315.  The bench after hearing initial arguments by the counsel for appellant ordered issuance of notices to the respondent Master Beverages for June 6.

It may be mentioned here that, Directorate of Post Clearance Audit Karachi has detected evasion of Rs25.875 million by M/s Master Beverages & Foods Limited.

According to Audit Observation served on company, PCA finds that M/s Master Beverages & Foods Limited willfully claimed the inadmissible and illegal benefit of Fifth Schedule to the Customs Act, 1969 and evaded duty and taxes of Rs25.875 million on the import of steel workshop as prefabricated building of dairy farm.

FBR Nisar Mohammad Khan had advised all the formations that cases of fiscal fraud should be pursued up to the last forum and prosecution be ensured as per the provisions of law.

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