KARACHI: The Sindh High Court (SHC) has directed the commissioner Inland Revenue Appeals-V Karachi to decide the appeal of Soorty Enterprises (Private) Limited within four weeks.
The court ordered this on a constitutional petition filed by company, challenging impugned notice for enforce recovery of Rs 28,224,370 issued by commissioner Inland Revenue, Zone-I RTO-III. A two-member bench headed by Justice Aqeel Ahmed Abbasi heard the constitutional petition.
During the hearing, counsel for the petitioner argued and sought interim relief, after his arguments, the court disposed of the constitutional 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. 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 seven days from the date of receipt of such appellate order.
Court also mentioned in its order that “it is expected that the appeals of the petitioner, if not disposal of so far by the commissioner IR appeals 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”.
Earlier, counsel for the petitioner submitted that officials of the tax department issued a show cause notice for recovery of Rs 28,224,370 without showing any lawful reason, therefore being aggrieved petitioner approached the commissioner Inland Revenue Appeals-V and filed an appeal along with stay application which is pending before CIR Appeals, however, during the pendency of said appeal, petitioner is being threatened by the tax department.
Citing Chairman Federal Board of Revenue (FBR), Assistant Commissioner Inland Revenue Unit-14, RTO-III Karachi, Commissioner Inland Revenue Unit-14, RTO-III and commissioner Inland Revenue Appeals-V as respondents, petitioner pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary.
Counsel further pleaded that court may restrain the tax authorities from taking any coercive action against the petitioner till final decision of its appeal pending before CIR Appeals.
