ISLAMABAD: The Islamabad High Court (IHC) has adjourned the hearing of four tax references after lawyers submitted the relating documents during fourth week of December.
These cases were filed by M/s WiTribe Pakistan, M/s Biafo Industries, M/s Wateen Telecom Limited and M/s Tulip Riverside Hotel. A single bench of the IHC comprising Justice Aamer Farooq heard these cases during the week.
M/s WiTribe Pakistan had filed a case challenging a recovery notice of Rs 457.2 million under the head of income tax. The appellant had filed the petition against field office of Federal Board of Revenue (FBR), the Large Taxpayers’ Unit, Islamabad.
Through the reference, M/s WiTribe 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.
M/s WiTribe Pakistan Limited had challenged show-cause notices issued during the month of August for the tax year 2015. The company had prayed the court to direct the LTU not to recover the said amount and abstain from any coercive action against it.
The petitioner had prayed the court that the operation of the impugned notices issued by the tax authority may kindly be suspended till the decision of appeal pending before the LTU.
The same bench heard the submission made by M/s Biafo Industries, challenging a recovery claim of Rs 783.3 million. M/s Biafo Industries had filed the case challenging a show cause notice issued by the Large Taxpayers Unit, Islamabad.
M/s Biafo Industries named the FBR, officers of the LTU, including commissioner Inland Revenue and others as respondents in the case.
Justice Aamer Farooq also adjourned hearing on M/s Wateen Telecom Limited’s reference filed against FBR. The company had also challenged a recovery notice.
Meanwhile, hearing on another case filed against Appellate Tribunal Inland Revenue (ATIR) was adjourned by Justice Aamer Farooq. M/s Tulip Riverside Hotel had filed case against Regional Tax Office (RTO), Islamabad.
ATIR, Federal Board of Revenue (FBR), officers of RTO including commissioner Inland Revenue, deputy commissioner Inland Revenue and commissioner Inland Revenue (Appeals) were made respondent in the case.
M/s Tulip Riverside Hotel also stated that show cause notice mentioning outstanding tax amount was issued with mala-fide intentions. The appellant further prayed the court bar RTO from taking coercive measure to recover the said amount.
M/s. Tulip Riverside Hotel 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.
