ISLAMABAD: The Islamabad High Court (IHC) has adjourned the hearing of a tax reference filed by M/s Pak Telecom Mobile Limited for the coming month of January. M/s Pak Telecom Mobile Limited had filed the reference against the Federal Board of Revenue (FBR) field office, Large Taxpayers’ Unit, Islamabad.
A single bench of the IHC comprising Justice Aamer Farooq adjourned the hearing. Now the case would be heard in 2017. During the last hearing, the bench had directed the field office of the FBR to submit a reply before the court regarding issuance of a recovery notice to the appellant.
The company had also filed a reference against Appellate Tribunal Inland Revenue (ATIR) and had challenged its announcement before the court. The officers of the Large Taxpayers Unit were also made respondents in the case.
The appellant had submitted that ATIR had maintained decision of the 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. M/s Pak Telecom Mobile Limited had prayed the court to direct the LTU not to recover the said amount and abstain from any coercive action against it. The petitioner also sought suspension of the notice until the decision of the appeal pending before the field office of the Federal Board of Revenue (FBR).
M/s Pak Telecom Mobile Limited submitted before the court that the impugned order was issued under mala fide intention 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.
