ISLAMABAD: The Islamabad High Court on Friday disposed of the customs reference filed by M/s Fertilizers Private Limited with the directive to the ATIR to rehear the matter.
The IHC bench, comprising of Justice Shaukat Aziz and Justice Mohsin Akhtar, had reserved the decision on the matter after hearing the final arguments.
M/s Fertilizers Private Limited had filed the case challenging an announcement made by the Appellate Tribunal Inland Revenue (ATIR) through which it had upheld the decision announced by the department’s adjudication pertaining to the show cause notice issued to M/s Fertilizers Private Limited for outstanding tax recovery.
Through both references, M/s Fertilizers Private Limited had named Chief Commissioner Inland Revenue, LTU, Assistant Commission Inland Revenue Withholding, LTU, Commissioner Inland Revenue (Appeals), LTU, and Federal of Pakistan through the chairman of the Federal Board of Revenue (FBR) as respondent in the case.
The show-cause notices had been issued for the tax year 2013 under the head of income tax under sections of the Income Tax Ordinance-2001.
The appellant had prayed the court to direct the LTU not to recover the said amount and abstain from any coercive action in this regard.
The petitioner had prayed the court that the operation of the impugned notices issued by the tax authority may kindly be suspended till the decision of the appeal pending before the LTU.
