KARACHI: The dismissal of a petition by High Court of Sindh, filed in 2020 by Gas & Oil Pakistan Limited, a Karachi based company paved the way for adding US $ 0.9 million into national kitty.
A constitutional bench of SHC took up the petition and found that petitioner and his counsel were not present. Another lawyer held brief for Zain A Jatoi, the counsel for petitioner. The bench noted that this petition was pending since 2020 without any significant progress and in view of no interest by petitioner side disposed of the same for Non Prosecution.
The petition citing Secretary Federal Board of Revenue, Collector MCC Preventive (E&C), Additional Collector–I (E&C) Deputy Collector MCC Preventive Oil Section, Karachi as respondents challenged Final Notice dated 11.08.2020 for initiation of proceedings for violation of section 32 of the customs act 1969 issued by DC MCC Preventive (Oil Section) terming the said notice as without jurisdiction.
As per details petitioner company was served wit ha Show Cause Notice based on a contravention report according to which company imported 13505 MT Mogas and filed 4 GDS on 24.2.2019 declaring the import value at US $ 4 528.10 P/,T TOTAL DECLARED VALUE 7103,235 US $ under a revised commercial invoice.
The custom authorities on enquiry found that EIF issuing bank settled the BDA at US $ 8103,235,a value higher to almost 0.97 Million than declared. The Bank Al Habib was served with a notice under section 26 of CA 1969 at which the bank submitted documents including Performa Invoice having value of US $ 8130235 Commercial Invoice and BDA and proved transfer of US $ 8103235 to supplier as per Commercial Invoice. It was found that Revised Commercial Invoice was never received by bank at the time of clearance and was fake, forged invoice to defraud the exchequer evaded amount of duty and taxes Rs 31,094,399.
As a consequence of dismissal order, the petitioner attempt to evade payment of differential amount comes to an end. Khalid Rajpar advocate represented the custom authorities.