ISLAMABAD: A single bench of the Islamabad High Court (IHC), comprising Justice Aamer Farooq, has disposed of a tax matter involving Regional Tax Office (RTO) and M/s Tulip Hotel during third week of January 2017.
The bench directed the RTO not to take any coercive action against the petitioner. The court also directed the respondent to decide appellant’s departmental application within 30 days and submit a report before the court. ATIR, Federal Board of Revenue (FBR), officers of RTO including commissioner Inland Revenue, deputy commissioner Inland Revenue and commissioner Inland Revenue (Appeals) were made respondent in the case.
M/s Tulip Riverside Hotel had filed the case seeking to restrict the RTO from recovering outstanding tax amount or making any other coercive move prior to the court’s directions on the issue.
M/s Tulip Riverside Hotel also stated that show cause notice mentioning outstanding tax amount was issued with mala-fide intentions. The appellant further prayed the court bar RTO from taking coercive measure to recover the said amount.
M/s Tulip Riverside Hotel 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.
The appellant had also prayed the court to decide the case early as the appellant had to bear financial complications after the case.
The appellant 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.