ISLAMABAD: A division bench of the Islamabad High Court (IHC) disposed of a tax matter filed by M/s Huawei Technologies remanding back the case to Appellate Tribunal Inland Revenue (ATIR).
The bench, comprising Justice Athar Minallah and Justice Mohsin Akhtar Kiyani, heard the case and reserved the decision. The bench was hearing a case filed in 2011. M/s Huawei Technologies had contested show cause notices issued by the field offices of Federal Board of Revenue.
According to details, M/s Huawei Technologies had challenged recovery of issued to it in head of outstanding sales tax by the LTU, Islamabad.
M/s Huawei Technologies had submitted the department had issued the demand for the tax year 2010 in head of sales tax.
Federal Board of Revenue (FBR), officers of LTU including commissioner Inland Revenue, commissioner Inland Revenue (Appeals) and Appellate Tribunal Inland Revenue (ATIR) were made respondent in the case.
M/s Huawei Technologies prayed that the assessment order issued by the LTU officer was illegal, unlawful and without legal grounds.
The appellant had 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.
The petitioner had prayed the court that issued order by the tax authority may kindly be suspended till the decision of appeal pending before the field office of board. In recent months the court had also disposed of cases filed from the same appellant challenging different recovery claims by the board.
