KARACHI: The Sindh High Court (SHC) directed the Commissioner-IR Appeals Hyderabad to decide a petition filed by commission agent M/S Gagan Das against a tax recovery notice in two weeks.
The notice was issued on Semester 22, 2016 for attachment of bank accounts of the petitioner over income tax liability for the tax year 2014. The SHC further directed that in case of any adverse order, if passed by the commissioner appeals against the petitioner, the recovery of the impugned demand shell not be enforced for another period of 7 days from the date of receipt of the appellate order. A two member bench, headed by Justice Aqeel Ahmed Abbasi, was hearing the petition.
During the hearing, counsel for the petitioner submitted that petitioner will not press instant petition and in listed applications which may be disposed of with directions to the respondents not to enforce any further recovery in respect of the impugned demand, which is subject matter of appeal before commissioner appeals Hyderabad, whereas according to the learned counsel, said appeal has been heard and reserved for orders, there is like hood that the impugned demand raised by the department will be annulled.
Petitioner’s counsel further argued that in case of any adverse order by the commissioner (appeals) Hyderabad in respect of pending appeal, the respondents may be restrained for enforcing the recovery of the impugned demand for a further period of seven days for the date of receipt of appellate order so that petitioner may seek further remedy in accordance with law.
Learned counsel for respondent did not opposed same request of the petitioner, therefore, court disposed of the petition with direction that respondent not to enforce any further recovery of impugned demand till final decision of the appeal by commissioner appeals Hyderabad, who may decide the same, preferably with two weeks from the date of receipt of this order, whereas in case of any adverse order, if passed by the commissioner appeals against the petitioner, the recovery of the impugned demand shell not be enforced for another period of 07 days from the date of receipt of the appellate order.
