KARACHI: The Sindh High Court (SHC) suspended the operation of impugned demand notice for attachment of bank account for recovery of Rs01.3million on a constitutional petition filed by Mukhtiyar Burki, proprietor of M/s Mukhtiyar & Company against the recovery notice for attachment of its account issued by Assistant Commissioner Inland Revenue Range-A, Unit-III Zone-II, RTO-III Karachi.
A two-member bench, headed by Justice Aqeel Ahmed Abbasi, was hearing the petition.
During the hearing, Shazia Abid, Commissioner Inland Revenue, Zone-II RTO-III Karachi, submitted a statement and stated that petition is not maintainable in the law and or the facts of the case as petitioner, without availing the remedy available in the law, has approached the SHC without any legal and factual justification and therefore has attempted to bypass and abandon the forum available in the law which is not permissible in view of the provisions of clauses (1) of article 199 of the constitution of Pakistan. In the light of above submissions, it is respectfully prayed that the instant writ petition may graciously be dismissed and no interim relief be granted by the SHC as the petitioner is not entitled to any relief in this regard.
After the hearing, court continued the interim order and adjourned the matter for April 26, 2017.
The court had suspended the operation of impugned demand notice issued by Assistant Commissioner Inland Revenue Range-A, Unit-III Zone-II, RTO-III Karachi.
Earlier, counsel for the petitioner stated that when the petitioner approached his bank for making business transaction, the manager of the ban said that his account is attached/debit/ locked/ blocked as the direction of Assistant Commissioner Inland Revenue Range-A, Unit-III Zone-II, RTO-III Karachi, who produced the notice issued under section 48 (1) (ca) of the Sales Tax Act-1990 by the said respondent for attachment of bank account for recovery of alleged sale tax demand of Rs01.3million.
Citing Chairman Federal Board of Revenue (FBR), Commissioner Inland Revenue, Zone-II, RTO-III Karachi, Assistant Commissioner Inland Revenue Range-A, Unit-III Zone-II, RTO-III Karachi as respondents, petitioner pleaded with the court to set aside the impugned demand notice and restrain them from attachment of its bank account for disputed recovery.
