KARACHI: The Sindh High Court (SHC) directed the Commissioner Inland Revenue Appeals to decide the appeal of the petitioner within four weeks on a constitutional petition filed by M/s Omega Industries seeking a restraining order from attachment of movable and immovable properties.
A two-member bench, comprising Justice Aqeel Ahmed Abbasi and Justice Muhammad Arshad Khan, was hearing the petition.
During the hearing, counsel for the petitioner argued that Deputy Commissioner IR E&C Unit-II Zone-III LTU issued a show cause notice and alleged that the petitioner has claimed input tax against invoices issued by blacklisted registered persons during the period from July 2011 to June 2014. Being aggrieved it approached the CIR Appeals and filed an appeal along with a stay application which is still pending for disposal.
He further argued that in the absence of stay order respondents has started the proceedings for attachment of its movable and immovable properties as case property. As per law, petitioner has the right to approach at least an appellate forum for appeal therefore court may restrain them from taking any coercive action against the petitioner and may direct the appellate authority to decide its appeal within a reasonable period.
After his arguments, the court disposed of the constitutional petition with directions to the respondents not to enforce recovery of impugned demand, which is subject matter of appeal before commissioner appeals, till its final disposal whereas in case of any adverse order if passed by the commissioner appeals, the respondents shall not enforce recovery of impugned demand for further period of seven days from the date of receipt of such appellate order.
The court also mentioned in its order that “it is expected that the appeals of the petitioner, if not disposal so far by the commissioner IR appeals, shall be decided within a period of four weeks from the date of receipt of this order, which may be communicated to it in the counsel for the petitioner within a week”.
