KARACHI: M/s Friends Enterprises has approached the Sindh High Court (SHC) and filed a constitutional petition challenging notification no 07-94010 jurisdiction/2019/080620 R dated Dec 03, 2019 and notification no CC/IR/LTU(II)/Jurisdiction/2019/ 3848 dated Dec 04, 2019 issued by FBR officials regarding tax collection jurisdiction.
On 9 July 2021, counsel for the petitioner stated that Chief (IR-Formation) FBR issued the impugned jurisdiction order dated Aug 05, 2020 with stipulates that the same shall take effect from August 10, 2020, through which the jurisdiction and powers of chief commissioner inland revenue and commissioners inland revenue and jurisdiction of industry unit situated and registered in the province of Sindh to assigned to commissioner LTU/LTO Karachi.
He further argued that the said notification has been under sub-section (I) of section 209 of the income tax ordinance, 2001, sub-section of section 30 and section 31 of the sales tax act, 1990, sub-section (I) of section 29 of the federal excise act, 2005 R/W the Islamabad Capital Territory Ordinance 2001 and in suppression of all previous orders issued under the aforementioned legal provisions in respect of jurisdiction functions and cases assigned to LTU/LTO Karachi.
Counsel added that it is necessary to mention here that in notification dated Jan 03, 2020 issued by FBR officials mentioned the notification no 07-94010 jurisdiction/2019/080620 R dated Dec 03, 2019 and notification no CC/IR/LTU(II)/Jurisdiction/2019/ 3848 dated Dec 04, 2019 is which transferred and such notification has not been circulated in accordance with law and a few days back it has been given by the Regional Board of Revenue Sukkur prior to this the said notification was not in the knowledge of the petitioner.
Citing Secretary Revenue Division, Chairman FBR and others as respondents, petitioner pleaded the court may declare that impugned jurisdiction/2019/291555-R dated Aug 05, 2020 and notification no CC-IR/LTU(II)/jurisdiction/2019/3848 dated Dec 04, 2019 are illegal, unjustified, unconstitutional and amounting to colorful exercise of jurisdiction and having declared the same as such, same may please be struck down in the larger interest.
