ISLAMABAD: The Islamabad High Court (IHC) has issued directives to the Appellate Tribunal Inland Revenue and the Federal Board of Revenue (FBR) in a tax matter filed by M/s Mobizone Pakistan (Private) Limited.
The bench, comprising Justice Athar Minallah and Justice Mohsin Kiyani, issued directives on submitting relevant documents and records in a case carrying reference about federal excise duty (FED).
M/s Mobizone Pakistan had filed the reference in which the company had challenged 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 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 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.
Earlier the court had adjourned hearing on the matter with directions to ensure presence before the court on date of hearing.
