Customs clearing agents move court against FBR notices in ISAF missing containers scam KARACHI: Customs clearing agents have moved the court seeking relief against issuance of recovery notices by the Federal Board of Revenue (FBR) in country’s mega scam of ISAF missing containers. The clearing agents are pleading on the basis of Section 129 of Customs Act 1969 and SRO 601/2011 dated June 13, 2011 making argument that under these provisions of laws Pakistan Customs can not issue the recovery notices, sources told Customnews.pk It is learnt that the proceeding of the case had been initiated at Sindh High Court and the judiciary restricted the tax authorities from issued final notices till finalization of the case. Since the case is in the court and it would be subjudice to discuss further. The sources said that the individuals approached the court: Mehndi Raza Sheikh; Mohammad Younus; Abdullah Mohammad Tariq Paracha; Imran Nawaz; Amir Altaf; Basharat Saleem; Mohammad Arshad; Khalid Karim; Raja Mohammad Asif Nawaz; Khalid Saleem; Altaf Husain; Qazi Zahid Husain; Abdul Rehman; Aamir Altaf; Basharat Saleem. The sources said that 10 more individuals had also filed the petition making the total 26. Maqsooda Siraj, Advocate Supreme Court is representing the Federal Board of Revenue in the case. The clearing agents moved the court after the customs initiated re-hearing in 28801 missing containers that were not reached Afghanistan causing about Rs53 billion to national economy. The FBR initiated the re-hearing to issue Order in Original (ONO) recovery in 9,334 cases against customs clearing agents in ISAF containers scam. The process was initiated in compliance with the Supreme Court Order that had taken Suo Moto in the biggest scam of missing containers in the country. The Federal Tax Ombudsman on directives of Supreme Court conducted detailed inquiry in to the case and identified about Rs19 billion were lost in 7,922 containers. In further developments, the apex court directed the National Accountability Bureau (NAB) and FBR to ensure recovery. In July 2013 when the FBR started the process of recovery by issuing the ONOs the customs agents strongly agitated and then in September 2013 called a strike by halting consignment clearance at all the collectorates and dry ports. The strike, however, ended with successful talks between representatives of customs agents and high-ups of Pakistan Customs with agreement that the customs authorities to review all the cases. In the latest move for going the court the customs clearing agents pointed out Section 129 of Customs Act 1969 that says: “129. Transit of goods across Pakistan to a foreign territory.- Where any goods are entered for transit across Pakistan to a destination outside Pakistan, the appropriate officer may, subject to the provisions of the rules, allow the goods to be so transited without payment of the duties which would otherwise by chargeable on such goods1[:] 2[Provided that the Federal Government may, by notification in the official Gazette, prohibit the bringing into Pakistan by sea, land or air in transit to a foreign territory any goods or class of goods.]” Further the SRO 601/2011 which defines Afghanistan – Pakistan Transit Trade Rules. In a letter sent to FBR Chairman on July 23, 2013, All Pakistan Customs Agents Association informed that through letter on March 28, 2013 the Supreme Court of Pakistan passed directive as: “Needless to observe that as on the basis of material, so collected by this court through the FTO and other resources, cases are ultimately to be decided by the competent forums either by adjudication upon the matter by the Customs Department or by the NAB in view of the fact that government officers are also involved in this case; therefore, we dispose of this matter with the observation that let the NAB conduct thorough and fair inquiry in the matter by providing proper opportunity of hearing to all concerned; however, the report of the FTO on January 10, 2011 shall be read as part of this order. The chairman NAB, however, is required to submit fortnightly reports about progress in the matter to the registrar of this court for our perusal in Chambers and passing appropriate orders, if need to be, at a subsequent stage.” The association informed the chairman that the decision was clear to order restraining Customs/FBR for further inquiry by passing remarks in the judgment, and the reason of many customs officials presumed to be involved, was also mentioned to allow NAB to conduct inquiry. It further said that although the FTO report is to be considered as the part of the order but the directives by the Supreme Court to NAB were to conduct a fair and impartial inquiry and the responsible were directed to be charged. The customs agents also highlighted their role prescribed in Public Notice 16/2000 & Public Notice 05/2003 that clarified that clearing agents had a limited role and they were not authorized to arrange vehicle by themselves. The association said that the role for the transport was accorded to the national carriers by the FBR and by the Economic Coordination Committee. “Once the GD is out of charge from customs for taking delivery, the clearing agents are bound to deliver the documents for onward connection to the national carriers i.e. Pakistan Railways or NLC,” the association said. It added that it was evident from the fact that the most of the cargo was transported through NLC and payment made to NLC for the haulage was inclusive of insurance premium for the coverage of cargo enroute. In the letter, All Pakistan Customs Agents Association also mentioned that references filed by NAB was defective and the show causes issued by the adjudicating officers were in excess of their jurisdiction and the spirit of the directives of the Supreme Court of Pakistan. The FBR was requested that the case was no an ordinary, the show causes were being issued hurriedly after a lapse of over two to three years and were only issued on the basis of Suo Moto action taken by the Supreme Court. “So these show causes if were to be issued then should have been issued in the spirit of the orders passed by the Supreme Court of Pakistan and the crux of the FTO report and the orders passed is to dig out the fact and fix the responsibility to the culprits.” It further said that the driver of the vehicle, owner of the vehicle, vehicle in question and the bonded carrier (Pakistan Railways/NLC-HMT contractors) and all the agencies which were responsible for monitoring and the concerned customs staff at the customs bordering stations and all relevant staff of PRAL as mentioned in the FTO report which was integral part of the order of Supreme Court of Pakistan, were not made accused in the reference filed by NAB and show causes issued by the adjudicating officer. “It gives a clear impression that the inquiry is not transparent and is biased, which needs to be addressed immediately in order to properly assist the Supreme Court of Pakistan in resolving the huge scam.”
Posted on: Mon, 25 Nov 2013 08:13:41 +0000
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