Customs restrained from coercive action against Spectrum, Kanwal Enterprises

KARACHI: A customs appellate bench of High Court of Sindh has restrained Pakistan Customs from taking coercive action against Spectrum Enterprises till Sept 19.

The bench was hearing a petition filed by these importer against Directorate of Intelligence which has registered a FIR alleging evasion of Sales Tax and Income Tax.

A counsel from Franklin Law Associates appearing for the petitioners/imported submitted that lawfully imported consignments of the petitioners were not being released by customs authorities at the instance of DIT however it ws provisionally released pursuant to order of this court in CP 4925 of 2019  filed by the petitioner there-after a letter was issued by the DIT to custom authorities where after it was finally assessed to duty and taxes.  However according to counsel, after final release assessment of the consignment DIT has registered a false FIR No PQ 282/DCI/Spectrum Enterprise and FIR/2019 dated 28-8-2019 which is without jurisdiction. DIT has no powers to recover sales tax and income tax alleged to have been evaded by the petitioners. The counsel relied on case laws Muhammad Measum v/s Federation of Pak (2015 PTD 702) and Zaheer Ahmed v/s DIT  (2015 PTD 349).

The petitioner prayed to stop from coercive action. The bench allowing the request while ordering issuance of pre-admission notice to Respondents as well as DAG 19-9-2019 also sought comments before next date of hearing. In the meanwhile, the respondents were restrained from taking any coercive action against the petitioner companies.

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