KARACHI: The Sindh High Court (SHC) has directed the Commissioner Inland Revenue Appeals-V RTO to decide the appeal of the petitioner within four weeks. During this period, the tax authorities will not enforce recovery from the petitioner. The court ordered this on a constitutional petition filed by M/s Fancy Veneer and Plywood Industries against impugned notice for recovery and attachment of its bank accounts.
A two-member bench, comprising Justice Aqeel Ahmed Abbasi and Justice Muhammad Arshad Khan, was hearing the petition.
During the hearing, counsel for the petitioner stated that instant petition can be disposed of in terms of earlier orders passed by this court in a number of similar petitions, whereby the respondents have been restrained from enforcing the recovery of the impugned demand, which is subject matter of appeal before commissioner (appeals), till its final disposal, as the standing counsel did not oppose disposal of instant petition in the aforesaid terms.
After the arguments, the court disposed of the same 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 the appellate order.
The court also mentioned in its order that “it is expected that the appeal 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.”
Citing Sectary Ministry of Finance, Chairman Federal Board of Revenue, Commissioner Inland Revenue Appeals-V RTO, the Officer Inland Revenue Unit-III Zone-IV, RTO III and the Assistant Deputy Commissioner Inland Revenue Unit-III Zone-IV, RTO III as respondents, the petitioner pleaded the court may declare that impugned notice issued by tax department to the bank managers for attachment of petitioner’s account for enforce recovery of disputed amount, which subject in appeal pending before Commissioner IR Appeals is illegal, mala fide and arbitrary.
