KARACHI: The Sindh High Court (SHC) has directed the tax authorities that no coercive action should be taken against the petitioner in respect of impugned demand of Rs 13.49 million. The court ordered this on a constitutional petition filed by M/s SM Sohail Trust running Jinnah Medical College (JMC) and Jinnah College of Nursing (JCN) against the impugned recovery notice of income tax.
While the hearing of the petition, a two-member bench, comprising Justice Aqeel Ahmed Abbasi and Justice Muhammad Arshad Khan, also issued notices to the tax authorities and deputy attorney general of Pakistan and directed them to file their respective comments on next date of hearing.
Earlier, counsel for the petitioner stated that petitioner belongs to the trust which is not a profit organization, so the aims and objectives of the petitioner are to promote the educational profession, technical and vocational institutes.
He argued that in pursuance of its aims and objectives, the petitioner established Jinnah Medical College (JMC) and Jinnah College of Nursing (JCN) to promote the education of arts and sciences which is completely exempt from levy of income tax, however, the Additional Commissioner Inland Revenue E & C Range-B, Zone-01, Corporate Regional Tax Office issued show cause notice to it for recovery of income tax in the tune of Rs. 13, 496, 520.
He submitted that it approached the appellate tribunal against the impugned show cause notice along with stay application which are pending before the appellate tribunal, however, said respondent are threatening the petitioner for coercive action illegally.
Citing Chairman Federal Board of Revenue (FBR), Chief Commissioner Inland Revenue Corporate Regional Tax Office, the Additional Commissioner Inland Revenue E & C Range-B Zone-01 Corporate Regional Tax Office as respondents, petitioner pleaded the court may declare that it is exempted from filing income tax and act of the tax department is illegal, mala fide and arbitrary. It also pleaded the court may restrain them from taking any coercive action against the petitioner till final order of this petition.
