ISLAMABAD: The Islamabad High Court (IHC) on Tuesday disposed of M/S Mobizone Pakistan (Private) Limited’s tax matter with directives to hear and decide the appellant’s application within 45 days pending before the board’s adjudication.
A division bench of the IHC comprising Justice Athar Minallah and Justice Mohsin Akhtar Kiyani had earlier reserved the decision after hearing the arguments from the sides. This matter was filed by M/s Mobizone Pakistan.
The bench also barred the board’s field office from making any coercive move to recover the dispute outstanding tax amount till decision on the application pending before department’s adjudication.
M/s Mobizone Pakistan Private Limited had challenged a recovery claim made by field office of Federal Board of Revenue (FBR).
M/s Mobizone Pakistan Private Limited had filed the reference in which the company had challenged a show cause notice issued by the Large Taxpayers Unit, Islamabad.
M/s Mobizone Pakistan 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 Mobizone Pakistan 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 Mobizone Pakistan Private Limited had also prayed the court to decide the case early as the appellant had to bear financial complications after the case.
M/s Mobizone Pakistan 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 tax reference.
The bench had also heard the case during last week and adjourned hearing on the matter after hearing brief arguments by the parties.
