Law: Sales Tax Act, 1990

Section: 2(37),33

Law: Criminal Procedure Code (V of 1898)

Section: 497

Sales Tax Act (VII of 1990)--- ----Ss. 2(37) & 33---Criminal Procedure Code (V of 1898), S. 497---Tax fraud, offences and penalties---Bail, grant of---Allegation against accused was that he being broker and consultant had facilitated the main accused in committing tax fraud/evasion worth million of Rupees---Nothing was available on record to establish the allegation that accused was getting share of 10% in the invaded tax money---Allegations were based upon extra-judicial confession of the accused, which was uncorroborated---Nothing was available to establish that accused was in league with the main accused---Co-accused persons had succeeded in getting bail and case of accused was at par to them---Accused was admitted to bail, in circumstance. THIS ORDER PASSED BY: FAHIM AHMED SIDDIQUI, JUSTICE:---.--- The applicant is involved in a criminal case initiated on the basis of F.I.R. No. 01/2018, under sections 2(37) and 33 of Sales Tax Act, 1990 lodged by the Commissioner I.R., Zone-VI, Corporate Regional Tax Office, Karachi. 2. I have heard the arguments and perused the record which urged me to observe as under: (a) The prosecution case is unfolded in the FIR with allegations that one Saif-ul-Mulk (sole proprietor of M/s. Mind Challenge NTN 4357348-7) got sales tax registration as manufacturer for weaving of grey fabric (Gents Bosky) and ladies lawn, wherein he has given the address of his facilities at Plot Nos. 117 and 118, Muhammad Khan Road, Block-M, Ittehad Town. Due to a tipoff, a survey of the said premises was carried out, which revealed that the said facilities are not being used by the said Messrs Mind Challenge. It is further revealed that at the said place, several power looms are installed and owned by different persons, who disclosed that they did not know Saif-ul-Mulk (proprietor of M/s. Mind Challenge) and never rented out their facilities to him. (b) It is also alleged that the said Saif-ul-Muluk or Messrs Mind Challenge during the period under review imported various kind of fabrics amounting to Rs. 176,669,306/- as manufacturer for in-house consumption at the rate of zero percent under SRO 1125(I)/2011 dated 31/11/2011 against which he is…

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