ISLAMABAD: Justice Aamer Farooq and Justice Mohsin Akhtar directed parties to submit record of cases involving M/S Khyber Logistics (Private) Limited and M/s Telenor LDI Communication (Private) Limited on Tuesday.
The bench was hearing M/s Khyber Logistics’s case filed in 2009 against Customs Appellate Tribunal and Appellate Tribunal Inland Revenue. M/s Telenor LDI Communication Limited filed its case in 2017.
M/s Telenor LDI Communication Limited had challenged the act of recovery of the said amount by Commissioner Inland Revenue of Large Taxpayer’s Unit, Islamabad. It was issued the notice under the head of income tax.
M/s Telenor LDI Communication 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 Telenor LDI Communication 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.
ATIR, Federal Board of Revenue (FBR), officers of LTU including Commissioner Inland Revenue, and others were made respondent in the case.
M/s Telenor LDI Communication 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.
