ISLAMABAD: The chief justice of the Islamabad High Court (IHC) on Thursday suspended the show-cause notice issued to Palestine ambassador by the Federal Board of Revenue (FBR) and directed the board to return the car it had seized for alleged violation of tax laws in two weeks.

Ahmed Jawad A.A. Rabei challenged the seizure of his vehicle imported to Pakistan under diplomatic immunity. He also challenged the show-cause notice issued to him by the FBR.

According to the show-cause notice issued to Mr Rabei, a “BMW X7 Jeep, Model-2019, registration No QN-740-ICT… was imported under diplomatic immunity by Mr Ahmed Jawad A.A. Rabei, Ambassador, Embassy of the State of Palestine, Islamabad, under exemption certificate… issued by Custom Collectorate (Port Qasim), Karachi. The same disposed of illegally in the breach of diplomatic immunity and in violation of Sections 15, 16, 19, 21, 32 and 178 of the Customs Act, 1969”.

The notice said the possessor of the vehicle, Basil Ahmed Affendi, also failed to produce any import document of the vehicle despite issuance of the notice.

FBR told to return envoy’s car in two weeks

Advocate Sikandar Naeem Qazi, counsel for Mr Rabei, informed the court that the ambassador enjoyed diplomatic immunity under the Vienna Convention, but the FBR on August 4 served on him a show-cause notice for selling the vehicle imported to Pakistan under immunity.

The FBR’s show-cause notice of August 4, also served on businessman Basil Ahmed Affendi, said that the vehicle might be permanently confiscated and they might also face penalties of up to 10 times of the value of the vehicle.

“The Ambassador, Embassy of the State of Palestine, Islamabad, and Basil Ahmed Affendi are called upon to show cause as to why the seized vehicle should not be confiscated and why penal action should not be taken against them under section 156 for violations of the Customs Act,” the notice said.

On Tuesday, PML-N Senator Mushahid Hussain Sayed had raised the matter regarding the issuance of the show-cause notice by the FBR to the Palestine envoy.

Mr Sayed said the FBR had tendered an apology to the ambassador, but it was not acceptable as it had happened at a time when there was talk about recognition of Israel by some Muslim countries. He said the diplomat was not only served the notice over the import of two cars, but he was also asked to appear before the FBR which was a violation of the Vienna Convention and other international laws. Moreover, he said, his cars were confiscated which was an “excess” committed with the ambassador of a friendly country.

The FBR had issued a corrigendum, saying the seized vehicle belonged to the Embassy of Palestine, instead of Ambassador Mr Rabei.

Published in Dawn, August 21st, 2020