SC seeks reply from Union govt, 61 firms on PIL alleging duty evasion in iron ore exports to China
Jan 15, 2021
New Delhi [India], January 16 : On a PIL filed by a lawyer, Manohar Lal Sharma, alleging duty evasion in Iron ore exports to China, Supreme Court had recently issued notice to the Union of India (UOI) and 61 iron exporting firms including Essar Steel and Jindal Steel and Power.
The lawyer-cum-petitioner, Sharma, in his petition, filed before the Supreme Court, sought its direction that the companies concerned be prosecuted for allegedly evading export duty by declaring wrong tariff code to export the iron ore under the Foreign Trade (Development and Regulation) Act, 1992.
The PIL (Public Interest Litigation) sought a direction to the CBI to register an FIR and investigate the alleged duty evasion by the concerned companies in exporting iron ore to China since 2015.
After hearing the PIL filed by Sharma, a bench of the Apex Court, headed by Chief Justice of India (CJI) Sharad Arvind Bobde issued notice to UOI and sought its replies.
"Issue notice," said the bench led by CJI Bobde.
Sharma alleged that iron ore "smuggling to China" has been taking place as these companies have been exporting them without paying 30 per cent export duty.
He thereby sought a court-monitored and time-bound CBI probe against the companies.
The PIL filed by Sharma claimed that the ministries of commerce and finance should control and regulate the export policies and decide as to under which Harmonized System Codes each good will be exported.
The PIL further alleged that there is a violation of the Customs Act, the COFEPOSA, the Foreign Trade (Development and Regulation) Act and certain penal provisions relating to cheating and forgery.
