KARACHI: The Sindh High Court (SHC) has directed the commissioner Inland Revenue Appeals-IV Karachi to decide the appeal of Sindh Dairy Lives Stock and Breeding Farm within four weeks.
The court ordered this on a constitutional petition filed by the petitioner, seeking directions for early disposal of its appeal pending before the commissioner Inland Revenue Appeals-IV over disputed amount of Rs 86,837,299. A two-member bench headed by Justice Aqeel Ahmed Abbasi, heard the petition.
During the hearing, counsel for the petitioner argued that being aggrieved and dissatisfied with the inaction of CIR Appeals-IV, which is not conducting the hearing and deciding the appeal filed under section 127 of the Income Tax Ordinance 2011. Due to delay in deciding the appeal, the tax authorities have taken coercive measures for recovery of the amount and have ordered attachment of the petitioner’s bank accounts for that purpose.
The counsel submitted that the court may pass any interim relief. After the arguments, the court disposed of the petition with directions to the respondents not to enforce recovery of the impugned demand, which is subject matter of appeal before the commissioner Appeals-IV till its final disposal, whereas, in case of any adverse order, if passed by the commissioner appeals, the respondents shall not be forced for the recovery of impugned demand for further period of 7 days from the date of receipt of such appellate order.
SHC also mentioned in its order that “it is expected that the appeals of the petitioner, if not disposal of 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 one week”.
Citing secretary Ministry of Finance, commissioner Inland Revenue Zone-01, Large Taxpayers Unit-III, the additional commissioner Audit Range-B, Zone-01, Large Taxpayers Unit-III and commissioner Inland Revenue Appeals-IV as respondents, petitioner pleaded the court may restrain tax department from enforce recovery of said amount and direct the CIR Appeals to decide its appeal within reasonable period.
