ISLAMABAD: The Islamabad High Court (IHC) has disposed of a case directing Appellate Tribunal Inland Revenue (ATIR) to decide the stay application of M/s Telenor Pakistan (Private) Limited within 30 days.
A single bench of the IHC comprising Justice Aamer Farooq heard the case and directed the Appellate Tribunal Inland Revenue to decide the stay application and submit a report before the court. The bench also barred the Federal Board of Revenue (FBR) from recovering Rs 54,332,820 from the company.
M/s Telenor Pakistan had filed the case against officers of Large Tax Payers Unit, Islamabad. Chief Commissioner Inland Revenue, deputy commissioner Inland Revenue and commissioner Inland Revenue Appeals were made respondents in the case.
Through the petition, the appellant had complained against deputy commissioner Inland Revenue that he had issued an assessment, dated, June 6, 2016 stating that it was illegal and unjust.
In the order the deputy commissioner Inland Revenue made an assessment of recoverable outstanding tax amounting to Rs54,332,820 from M/s Telenor Pakistan Private Limited. LTU had issued the show cause notice to M/s Telenor Pakistan Private Limited under section 122 of Income Tax Ordinance, 2001.
M/s Telenor Pakistan Private Limited informed the court that its stay application was pending before the ATIR. And made a submission before the court it may direct the ATIR to decide the fate of its stay application and direct the FBR to abstain from taking coercive actions aiming at recovering the said amount.
M/s Telenor Pakistan Private Limited stated that the assessment order issued by the deputy commissioner Inland Revenue was illegal, unlawful and without legal grounds.
The petitioner had also stated that order was issued with malafide intentions and resultantly coercive measure of recovery of sales tax and federal excise duty were started which must be stopped.
The petitioner had prayed the court operation of the impugned order issued by the Deputy Commissioner Inland Revenue may kindly be suspended till the decision of appeal pending before the commissioner appeals.
