KARACHI: The Sindh High Court (SHC) restrains Commissioner Inland Revenue (CIR) from taking any adverse action against petitioner till final conclusion of the impugned demand notice on a constitutional petition filed by Port Qasim Authority.
On 25 October 2021, a two-member bench, headed by Justice Shafi Muhammad Siddiqui heard the matter.
During the hearing, Muhammad Ajmal Khan advocate for the petitioner and Hussain Bohra Assistant Attorney General appeared before the court while Syed Shafqat Ali Shah Masoomi advocate filed Vakalatnama on behalf of respondent which was taken on record,
After the hearing, court passed order and observed that “ this petition was filed by impugned the recovery proceedings initiated by respondent department, during the pendency of the appeal before the Commissioner Inland Revenue Appeal Karachi, the respective learned counsel jointly state that it may be just and proper to dispose of this petition with directions for expeditious conclusion of the appeal, which restraining the recovery of impugned demand in the interim period.
Accordingly, this petition is disposed of by the directing the Commissioner Inland Revenue Appeal Karachi to decide the pending appeal expeditiously, preferably within 60 days, from the date thereof, however, the respondents shall not take any coercive action against the petitioner, in respect of the impugned demand, till the conclusion of the appeal. Petition stands disposed of in the above terms along with listed applications”.
Earlier, counsel for the Port Qasim Authority has argued that Assistant Commissioner Inland Revenue Audit-III Unit-VIII Rang D,III issued notice to the petitioner under section 137(2) to any tax payable, dated June 22, 2021 for tax year 2015.
Citing Secretary Revenue Division, Commissioner Inland Revenue Audit-III Unit-VIII Rang D-III, Assistant Commissioner Inland Revenue Audit-III Unit-VIII Rang D-III as respondents, petitioner pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary.
Counsel further pleaded the court may set aside impugned demand notice and restrain them from taking any adverse action against the petitioner till final order in this petition.