ISLAMABAD: Justice Aamer Farooq of Islamabad High Court on Tuesday directed the Federal Board of Revenue to submit its report on alleged unlawful issuance of a recovery notice to M/s Pakistan Mobile Communication Limited.
IHC single bench comprising Justice Aamer Farooq heard the matter for the first time and adjourned the hearing after issuing the directives. The company had challenged an LTU notice seeking recovery of Rs 415,903,733 under head of income tax from M/s Pakistan Mobile Communication Limited.
M/s Pakistan Mobile Communication Limited had named Chief Commissioner Inland Revenue, LTU, Assistant Commission Inland Revenue Withholding, LTU, Commissioner Inland Revenue (Appeals), LTU, and Federal Govt of Pakistan through the chairman of Federal Board of Revenue (FBR) as respondent in the case.
M/s Pakistan Mobile Communication Limited had challenged a show cause notice dated November 27, for the tax year 2014, of income tax under sections of income tax ordinance, 2001.
M/s Pakistan Mobile Communication Limited had prayed the court to direct LTU not to recover the said amount and abstain from any coercive action in this regard.
The petitioner had prayed that the court operation of the impugned order issued by the tax authority may kindly be suspended till the decision of appeal pending before the LTU.
M/s Pakistan Mobile 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.
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.
