ISLAMABAD: A division bench of the Islamabad High Court (IHC) on Thursday adjourned the hearing of a tax reference until the second week of December. The court was hearing a case of ‘tax recovery’ claim submitted by M/s Punjab Oil Mills.
A division bench of the IHC comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb heard the case. The bench had held the hearing on the matter for the second time.
M/s Punjab Oil Mills 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 issued to M/s Punjab Oil Mills in head of federal excise duty (FED).
M/s Punjab Oil Mills had filed the reference against ATIR and had challenged it announcement before the court. FBR field office, Large Taxpayers Unit’s officers were also made respondent in the case.
The appellant had submitted that ATIR had maintained decision of LTU adjudication in ignorance of law and the appellant’s submissions were not addressed completely challenging recovery of outstanding tax amount.
ATIR, Federal Board of Revenue (FBR), officers of LTU including commissioner Inland Revenue, and others were made respondent in the case.
The appellant had prayed the court to direct LTU not to recover the said amount and abstain from any coercive action in this regard. M/s Punjab Oil Mills 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.
The petitioner had prayed the court that issued order by the tax authority may kindly be suspended till the decision of appeal pending before the field office of Federal Board of Revenue (FBR).
