KARACHI: The Sindh High Court (SHC) has directed that if nobody appears on behalf of the Customs Department on the next hearing, instant reference application may be dismissed for non-prosecution. The court observed this on a reference application file by Commissioner Inland Revenue Zone-01, Large Taxpayer Unit against impugned order of the appellate tribunal for recovery of Rs 363,647 from M/s Wali Oil Mills (Private) Limited.
A two-member bench, headed by Justice Aqeel Ahmed Abbasi, was hearing the application. During the hearing no one was present on behalf of the Custom Department, therefore, the court adjourned the hearing for March, 22, 21017 with its observation that: “No one was present on behalf of the Custom Department in spite of service of court’s notice on Chief Commissioner Zone-01, LTU Karachi, as an indulgence and last chance the matter is being adjourned for March 22, 2017, as requested by the counsel for the respondent. However, with caution that if nobody appears on behalf of the applicant on the next date of hearing, instant reference application may be dismissed for non-prosecution”.
Earlier, counsel for the applicant stated that a recovery notice of Rs 363, 647 on account of input tax adjustment on suppliers/ purchases made for blocked/ black listed suppliers to the respondent (M/S Wali Oil Mills (Private) Limited and being aggrieved it filed an appeal before appellate tribunal which was allowed the appeal without showing lawful reason.
Citing M/s Wali Oil Mills (Private) Limited as respondent, the applicant pleaded the court to set aside the order of the appellate tribunal.
