ISLAMABAD: Islamabad High Court on Monday issued notices in cases filed by M/s Tulip Riverside Hotel, M/S Fauji Cement Company Limited and others.
M/s Tulip Riverside Hotel, M/s Fauji Cement Company Limited and Muhammad Zubair had filed cases against field offices of Federal Board of Revenue. Both the former companies had also made Appellate Tribunal Inland Revenue a respondent while later (Zubair) had nominated Customs Appellate Tribunal as respondent.
IHC Division Bench comprising Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb heard the case.
M/S Fauji Cement Company Limited had filed the case challenging an announcement made by the Appellate Tribunal Inland Revenue (ATIR)-through which it had sustained decision announced by the department’s adjudication pertaining to the show cause notice issued to M/S Fauji Cement Company Limited in head of Income Tax.
M/S Fauji Cement Company Limited had filed the reference against ATIR and had challenged it announcement before the court. FBR field office, Large Taxpayers Unit’s officers were also made respondent in the case.
The appellant had submitted that ATIR had maintained decision of LTU adjudication in ignorance of law and the appellant’s submissions were not addressed completely challenging recovery of outstanding tax amount.
ATIR, Federal Board of Revenue (FBR), officers of LTU including commissioner Inland Revenue, and others were made respondent in the case.
The appellant had prayed the court to direct LTU not to recover the said amount and abstain from any coercive action in this regard. M/s Fauji Cement Company Limited submitted before the court that the impugned order was issued under mala-fide intentions and had no legal standing or authority and the court may decide on relief which it deemed appropriate in this regard. It also stated that due legal course was not followed by the department in issuing the order.
The petitioner had prayed the court that issued order by the tax authority may kindly be suspended till the decision of appeal pending before the field office of Federal Board of Revenue (FBR).
