KARACHI: The Sindh High Court (SHC) directed the tax department to engage the law officer for representing the FBR on a constitutional petition filed by Chamber Sugar Mills Pvt Ltd against impugned show cause notice for recovery of Rs189, 202.
A two-member bench, headed by Justice Aqeel Ahmed Abbasi heard the petition. During the hearing, Sammad Ali Advocate submitted that name of Sarfraz Advocate has been de-notified from the panel of advocate representing FBR, therefore, behalf of instant case been returned to the respondent department, hence, he requested the court that his name may be deleted from the file cover and notice may be issued to the respondent department, therefore, court directed the office to delete his name and issued notice to the custom department for first week of March, 2017.
Earlier, counsel for the petitioner stated that petitioner engaged with manufacturing and sale of refined super and paying all liabilities regularly, however, Deputy Commissioner Inland Revenue Unit-01, Zone-III Large Taxpayer issued notice to the petitioner under section 176 read with rule 44 (4) of the income tax ordinance 2001.
He argued that in compliance with the aforesaid statutory notice, the petitioner furnished complete detains and documents, subsequently, the Deputy Commissioner Inland Revenue Unit-01, Zone-III Large Taxpayer after examination and verification of the documentary submissions, passed an order under section 161 read with section 205 of the ordinance, whereby a demand of Rs189, 202 was raised against the petitioner illegally.
Citing Chairman Federal Board of Revenue (FBR), the Commissioner Inland Revenue Zone-III, Large Taxpayer Unit-II, Additional Commissioner Inland Revenue Zone-III, Large Taxpayer Unit-II and Deputy Commissioner Inland Revenue Unit-01, Zone-III Large Taxpayer as respondents, petitioner pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary.
He also pleaded the SHC may set aside impugned recovery notice and restrain them from taking any coercive action against the importer.
