KARACHI: The Sindh High Court (SHC) restrained the tax department from enforce recovery of impugned demand on a constitutional petition filed by M/s Abdullah Oil Industries against recovery notice issued by the Deputy Commissioner Inland Revenue E & C Unit-1 Zone-III LTU Karachi.
While the hearing, a two-member bench, headed by Justice Aqeel Ahmed Abbasi also issued notices to the tax department and deputy attorney general of Pakistan and directing them to file their respective para wise comments on next date of hearing, court adjourned the hearing for March 02, 2017.
Earlier, during the hearing, Naeem Suleman Advocate, counsel for the petitioner submitted that pursuant to an order passed by said respondent on 23/12/2016 under section 221 of the income tax ordinance 2001, for the tax year 2011, the petitioner has preferred on appeal along with stay application before the Commissioner (Appeals-IV) Inland Revenue LTU Karachi, which is pending, however, during the dependency of such appeal, respondent issued a recovery notice dated 23/12/2016 under section 137 (2) of the income tax ordinance 2001, and intends to adopt coercive measures for the recovery of the impugned demand, which is subject matter of appeal.
Citing Sectary Ministry of Finance, Chairman Federal Board of Revenue (FBR), Commissioner lnland Revenue Appeals-IV, LTU and the Deputy Commissioner Inland Revenue E & C Unit-1 Zone-III LTU Karachi as respondents, petitioner pleaded the court may restrain the respondent from taking any coercive action against the petitioner till final decision of the appeal.
