KARACHI: A two-member bench of the Sindh High Court (SHC), headed by Justice Aqeel Ahmed Abbasi, has directed Commissioner Inland Revenue Appeals Hyderabad to decide the appeal of the applicant within a month.
The court ordered this on a constitutional petition filed by M/s Popular Food Industries (Private) Limited against impugned recovery notice issued by Deputy Commissioner Inland Revenue Enforcement and Collection Unit-VII Range-D Zone-II, RTO Hyderabad.
During the hearing, counsel for the petitioner submitted that it has been running a manufacturing unit of juices and paying all liable taxes in millions of rupees properly. However, the Deputy Commissioner Inland Revenue Enforcement and Collection Unit-VII Range-D Zone-II, RTO Hyderabad has illegally issued a recovery notice to the petitioner.
He further argued that a taxpayer, if aggrieved by an adverse order passed by revenue authorities, is entitled to seek remedy of appeal provided under the relevant statues by approaching the forums of appeal. He said that the recovery proceedings initiated by the respondents department under the circumstances are based on mala fide intention.
After arguments, court disposed of the petition with directions to the respondents not to enforce recovery of impugned demand, which is subject matter of appeal before commissioner appeals till its final disposal, whereas, in case of any adverse order, if passed by the commissioner appeals, the respondents shall not enforce recovery of impugned demand for further period of 7 days from the date of receipt of such appellate order.
SHC also mentioned in its order that “it is expected that the appeals of the petitioner, if not disposal of so far by the CIR Appeals Hyderabad shall be decided within a period of four weeks from the date of receipt of this order, which may be communicated to it in the counsel for the petitioner within one week”.
