KARACHI: Shell Pakistan Limited has approached the Sindh High Court (SHC) against notice for huge recovery while hearing of constitutional petition a two-member bench restrained Commissioner Inland Revenue officials from recovery and taking any adverse action.
On 29 October 2021, during the hearing, Fahad Khan advocate appeared for the petitioner and argued that Assistant Commissioner Inland Revenue Audit-III Unit-VIII Rang D-III issued notice to the petitioner under section 137(2) to any tax payable, dated June 22, 2021 and demanded huge taxes without lawful authority.
Counsel added that petitioner already filed an appeal before CIR appeal which is pending, therefore, court may restrain them from starting recovery proceedings and any adverse action till decision on an appeal filed by petitioner before CIR Appeal Karachi.
After the hearing, court passed order and observed that “this petition was filed by impugned the recovery proceedings initiated by respondent department, during the pendency of the appeal before the Commissioner Inland Revenue Appeal Karachi, the respective learned counsel jointly state that it may be just and proper to dispose of this petition with directions for expeditious conclusion of the appeal, which restraining the recovery of impugned demand in the interim period.
Accordingly, this petition is disposed of by the directing the Commissioner Inland Revenue Appeal-II Karachi to decide the pending appeal expeditiously, preferably within 60 days, from the date thereof, however, the respondents shall not take any coercive action against the petitioner, in respect of the impugned demand, till the conclusion of the appeal. Petition stands disposed of in the above terms along with listed applications”.
Citing Secretary Revenue Division, Commissioner Inland Revenue Audit-III Unit-VIII Rang D-III, Assistant Commissioner Inland Revenue Audit-III Unit-VIII Rang D-III as respondents, petitioner pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary.
Counsel further pleaded the court may set aside impugned demand notice and restrain them from taking any adverse action against the petitioner till final order in this petition.
