ISLAMABAD: The Islamabad High Court (IHC) adjourned the hearing of some important tax matters being contested by private appellants during recent week of February.
M/s Dewan Cement Limited, M/s Al Catel Lusent Pakistan Limited and M/s Hasas Engineering and Construction Company (Private) Limited had filed the cases. The had challenged the recovery claims made by field offices of the Federal Board of Revenue (FBR).
The IHC benches, comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb and another single bench comprising of Justice Aamer Farooq, heard the cases and adjourned.
The IHC bench comprising Justice Aamer Farooq heard the case of M/S Dewan Cement Limited. The company had challenged a show cause notice issued by the Large Taxpayers Unit, Islamabad. M/s Dewan Cement Limited had prayed the court that the FBR office had issued a recovery notice to the company which was illegal and without any lawful authority and an interim stay may be granted against recovery proceedings.
A division bench of the IHC adjouruned the hearing on a tax matter filed by M/s Al Catel Lusent Pakistan Limited challenging a show cause notice issued by Deputy Commissioner Inland Revenue, Islamabad.
The IHC bench, comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb heard the case pending with the courts since 2014. M/s Al Catel Lusent Pakistan Limited had filed case against LTU, Islamabad.
Justice Aamer Farooq also heard the case of M/s Hasas Engineering and Construction Company Private Limited.
M/s Hasas Engineering and Construction Company Private Limited had filed the reference in which the company had challenged 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 was 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.
