KARACHI: Pakistan Telecommunication Corporation Limited (PTCL) has approached the Sindh High Court (SHC) against demand & recovery notice and seeking stay order for adverse action against recovery notice.
On 6 July 2020, counsel for the petitioner stated in his petition that petitioner is a public limited company which is engaged in providing telecommunication services across Pakistan.
He submitted that the Supreme Court of Pakistan held that taxpayers should be afforded protection against the coercive recovery until its appeals are heard and decided by the at least one independent tribunal, since the appeals of the petitioner are pending before the tribunal and have not been adjudicated by an independent tribunal, recovery proceedings initiated against the petitioner are unlawful.
He further submitted that petitioner seeks the protection of this court during the pending of its appeals K-984/2019 before the customs appellate tribunal.
During the pendency of petitioner’s appeals, the respondents have initiated recovery proceedings against the petitioner; the petitioner has filed a stay application against recovery before the customs appellate tribunal is respect of the demand and recovery notice arising out of the orders impugned in such appeal.
He said that the stay application is not being heard due to the benches of the customs appellate tribunal currently being non-functional.
Citing secretary Revenue Division, chairman FBR, chief collector of Customs Appraisement South, collector Appraisement West, Deputy Collector (Group-VI), Assistant Collector (Group-VI) and others as respondents, petitioner pleaded the court to prohibit and restrain the respondents, their officers, employees and agents from taking any adverse action the petitioner of the basis of the demand notice dated Aug 20, 2019 and recovery notice dated June 09, 2020 till the petitioner’s appeal is finally decided by the customs appellate tribunal.
