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Home Islamabad

IHC hears different customs cases during third week of March

byNaeem Ullah Tariq
26/03/2018
in Islamabad, Latest News
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ISLAMABAD: The Islamabad High Court (IHC) dated in office the hearing of a number of cases, including M/s Fertilizers (Private) Limited’s case filed against Appellate Tribunal Inland Revenue (ATIR) during third week of March.

A division bench of the IHC comprising Justice Shaukat Aziz and Justice Mohsin Akhtar had reserved the decision of the matter after hearing final arguments.

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M/s Fertilizers had filed the case, challenging an announcement made by the ATIR through which it had sustained a decision announced by the department’s adjudication pertaining to the tax recovery notice issued to the company.

Through the reference, M/s Fertilizers Private Limited had named chief commissioner Inland Revenue, LTU, assistant commissioner Inland Revenue Withholding, LTU, commissioner Inland Revenue (Appeals), LTU, and Federation of Pakistan through the chairman of Federal Board of Revenue (FBR) as respondents in the case.

The tax recovery notice had been issued for the tax year 2013 under the head of income tax under Income Tax Ordinance, 2001. The appellant had prayed the court to direct LTU not to recover the said amount and abstain from any coercive action in this regard.

The petitioner had prayed the court operation of the impugned notices issued by the tax authority may kindly be suspended till the decisions of appeal pending before the LTU.

Earlier Justice Athar Minallah and Justice Miangul Hassan had heard M/s Dancom Pakistan’s case and reserved decision as the parties concluded arguments and submitted relating record.

M/s Dancom Pakistan 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 to M/s Dancom Pakistan for outstanding tax recovery.

Through both the references, M/s Dancom Pakistan had named chief commissioner Inland Revenue, LTU, assistant commissioner Inland Revenue Withholding, LTU, Commissioner Inland Revenue (Appeals), LTU, and Federation of Pakistan through the chairman of Federal Board of Revenue (FBR) as respondent in the case.

Show-cause notices had been issued for the tax year 2016 in head of income tax under sections of Income Tax Ordinance, 2001.

M/s Dancom Pakistan had prayed the court to direct LTU not to recover the said amount and abstain from taking any coercive action in this regard.

The petitioner had prayed the court operation of the impugned notices issued by the tax authority may kindly be suspended till the decisions of appeal pending before the LTU.

Another bench of IHC comprising Justice Shaukat Aziz and Justice Mohsin Akhtar dated in office hearing on M/s Pakhtoon’s customs cases and directed parties to provide record pertaining to the case prior to next date of hearing. The appellant had filed the case against Collectorate of Customs, Islamabad.

The bench also directed FBR field office, MCC and the appellant to submit record on the case in order to assist the court. Justice Aziz’s single bench also heard another customs case filed against Ehsan ur Rehman.

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