ISLAMABAD: A single bench of the Islamabad High Court (IHC) on Wednesday adjourned the hearing of a tax reference, challenging issuance of a recovery notice to M/s Hasas Engineering and Construction Company (Private) Limited.
Justice Aamer Farooq heard the case. M/s Hasas Engineering and Construction Company had filed the reference against a show cause notice issued by the Large Taxpayers Unit, Islamabad.
The appellant had challenged the act of recovery of said amount by commissioner Inland Revenue of Large Taxpayer’s Unit, Islamabad. M/s Hasas Engineering and Construction Company Private Limited issued notice in head of income tax.
M/s Hasas Engineering and Construction Company Private Limited had prayed the court that FBR office had issued a recovery notice to the company which did not hold lawful grounds.
The appellant had prayed the court to declare the act as illegal and without any lawful authority and an interim stay may be granted against recovery proceedings.
M/s Hasas Engineering and Construction Company Private Limited submitted before the court that the impugned order was issued under mala fide intentions and had no legal standing or authority and the court may decide on relief which it deemed appropriate in this regard. It also stated that due legal course was not followed by the department in issuing the order.
M/s Hasas Engineering and Construction Company Private Limited had also mentioned that departmental obligations were not met amid processing the notice of recovery demand while later the adjudication did not addressed grievances of the appellant.
ATIR, Federal Board of Revenue (FBR), officers of LTU including Commissioner Inland Revenue, and others were made respondent in the case.
M/s Hasas Engineering and Construction Company Private Limited had also prayed the court to decide the case early as the appellant had to bear financial complications after the case.
