ISLAMABAD: The Islamabad High Court disposed of a customs reference filed by the Model Customs Collectorate Islamabad.
The IHC’s Division Bench, comprising of Justice Shaukat Aziz Siddiqui and Justice Mohsin Akhtar Kayani, disposed of the matter remanding back the case to the MCC for rehearing.
The bench had reserved the decision after hearing the matter for several times.
The MCC filed this case against M/s Al Haj Enterprises. The bench had earlier directed the counsels to submit related record prior to the next date of hearing. This case has been pending with the court since 2013.
The same bench also issued fresh notices to parties about assisting the court on the matter of the M/s Hasas Engineering and Construction Company Private Limited.
The appellant challenged the act of recovery of said amount by Commissioner Inland Revenue of Larger Taxpayers Unit Islamabad.
The ATIR was also made a respondent in the case as the tribunal had upheld departmental decision regarding the issuance of a show cause notice and demand of the recovery of outstanding tax amount under the head of the federal excise duty.
M/s Hasas Engineering and Construction Company Private Limited had prayed the court that the FBR office 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 the recovery proceedings.
M/s Hasas Engineering and Construction Company Private Limited had also mentioned that departmental obligations were not met amid processing the notice of recovery and later the adjudication did not redress the grievances of the appellant.