Alleged fiscal fraud, mis-declaration case: SHC orders provisional release of Asaliya seed consignment
KARACHI: A division bench of High Court of Sindh compirising Chief Justice Sajjad Ali Shah and Justice Zulfiqar Ahmed Khan allowed provisional release of Asaliya seed consignment after the petitioner/importer expressed readiness to deposit the security against differential amount of custom duty, taxes, fine and penalty in the shape of bank guarantee or pay order to the satisfaction of Nazir of SHC.
Earlier the bench heard Zain Jatoi advocate, counsel for the petitioner Hassan International, Faisalabad who making the Secretary FBR, Director (Enforcement) Directorate General of Intelligence and Investigations and Investigating Officer maintained that the Custom authorities on the basis of some information available on a website regarding prices of Asaliya seeds held the importer responsible for evading payment of custom duty, income tax and other leviables.
Masooda Siraj and Sohail Muzaffar advocate, counsel for Pakistan Customs submitted that the petitioner/importer resorted to mis-declaration and fiscal fraud as petitioner while filing the documents for clearance maintained the price of the consignment at rupees 0.18 per kilogram while the actual value as detected by the Custom official comes to rupees 0.20 per.
The Appellate tribunal during pendency of the appeal as an interim relief, ordered release of the consignment after the petitioner counsel said that petitioner company is ready to pay differential amount of custom duty, taxes, sales tax etc. The bench that the payment should be secured by submitting amount of custom duty, income tax, Sales Tax , fine and penalty.
The bench later fixed Dec 13 as next date of hearing in the case.