KARACHI: The Sindh High Court (SHC) has retrained the tax authorities from taking any coercive action against Dubai Islamic Bank Limited on a constitutional petition challenging some amendments introduced in the tax ordinance through the Finance Act, 2013.
During hearing of the constitutional petition, a two-member bench, headed by Justice Aqeel Ahmed Abbasi also issued pre-admission notices to the respondents and directed them to file their respective comments on the next hearing.
During the hearing, counsel for the petitioner submitted that petitioner has challenged the amendment introduced through the Finance Act, 2013 in section 165 (1) by insetting section 165-A of the Income Tax Ordinance, 2011. The petition is already pending before the court with a number of other petitions, including M/s NIB Bank Limited vs Federation and others, wherein notices have been issued and interim order have been passed.
The counsel requested the court that notice on the instant petition may also be issued to the respondents and office may be directed to fix this petition along with aforesaid petitions on the next hearing.
After his arguments, the court issued pre-admission notices to the respondents and fixed the matter for third week of December 2016. Meanwhile, the court restrained the respondents from taking any coercive action against the petitioner.
Earlier, citing secretary Ministry of Law, secretary Ministry of Finance, secretary Revenue Division and chief commissioner Inland Revenue as respondents, the petitioner pleaded that the court may declare the act of the respondents as illegal, mala fide and arbitrary. The petitioner also pleaded that the court may also restrain them from taking any coercive action against it.
