ISLAMABAD: Islamabad High Court division bench comprising Justice Athar Minallah and Justice Miangul Hassan relisted a customs reference for hearing.
IHC bench issued directives in this regard while hearing a case against Customs Appellate Tribunal. M Zubair, the appellant had challenged tribunal’s decision before the bench.
Furthermore, IHC single bench comprising Justice Athar Minallah dated in office hearing on M/s Pakistan Mobiles Communication Limited’s case. The appellant had filed the reference challenging a show cause notice issued by the Large Taxpayers Unit, Islamabad.
The appellant had challenged the act of recovery of said amount by commissioner Inland Revenue of Large Taxpayer’s Unit, Islamabad.
ATIR was also made respondent in the case as the tribunal had sustained departmental decision regarding issuance of show cause notice and demand of recovery of outstanding tax amount in head of federal excise duty.
M/s Pakistan Mobiles Communication 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 Pakistan Mobiles Communication Limited submitted before the court that the impugned order was issued under malafide 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 Pakistan Mobiles Communication Limited had also mentioned that departmental obligations were not met amid processing the notice of recovery demand while later the adjudication did not address grievances of the appellant.
