KARACHI: The Sindh High Court (SHC) has directed the Commissioner Inland Revenue Appeals-IV to decide the appeals of the petitioner within four weeks and during this period, the tax authorities will not enforce recovery from the petitioners.
The court took ordered this on a constitutional petitions filed by M/S Kausar Automobiles (Private) Limited against a notice for attachments of bank accounts to recover taxes issued by the deputy commissioner Inland Revenue E & C Unit-2, Zone-IV, LTU Unit-II. A two-member bench, headed by Justice Aqeel Ahmed Abbasi, was hearing the petition.
During the hearing, counsel for the petitioner completed his arguments. After his arguments, the 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 will not enforce recovery of impugned demand for a period of 7 days from the date of receipt of such appellate order.
The 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 stated that being aggrieved the petitioner approached the Commissioner Inland Revenue Appeals-IV LTU and filed an appeal along with stay application.
He said that no date is fixed either for hearing of the main appeal or the stay application till date. On the other hand, the assistant commissioner Inland Revenue E & C Unit-02, Zone-IV, LTU Unit-II issued a notice for attachment of bank accounts of the petitioner. The counsel further argued that during the pendency of appeal and stay application, the act of the respondent is illegal, mala fide and arbitrary.
Citing Secretary Ministry of Finance, chairman Federal Board of Revenue (FBR), the commissioner Inland Revenue E & C Unit-02, Zone-IV, LTU Unit-II, the deputy commissioner Inland Revenue E & C Unit-2, Zone-IV, LTU Unit-II and the assistant commissioner Inland Revenue E & C Unit-02, Zone-IV, LTU Unit-II as respondents, the petitioner pleaded the court to restrain them from taking any coercive action against the petitioner.
