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Home Karachi

SHC dismisses reference filed by Commissioner-IR on non-prosecution

byM.B. Rana
04/02/2017
in Karachi
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KARACHI: The Sindh High Court (SHC) has dismissed the reference application on non-prosecution filed by Commissioner Inland Revenue Legal Division (RTO), challenging impugned order of the appellate tribunal for recovery of income tax from M/s TCS Logistics (Private) Limited.

A two-member bench, comprising Justice Aqeel Ahmed Abbasi and Justice Arshad Hussain Khan, was hearing the reference.

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After the hearing, the court dismissed reference application and observed in its order, “Instant reference applications are pending since 2010 without lawful progress, whereas, notices have been issued to the applicant’s department and during all this period no one has shown appearance on behalf of the applicant department. It appears that the applicant has lost interest to proceed with the matter which is accordingly, dismissed for non-prosecution along with listed applications”.

Earlier, counsel for the applicant stated that it has issued notice to the respondent for recovery of income tax, however, being aggrieved, respondent approached the appellate tribunal which was allowed and set aside order of the tax department.

Citing M/s TCS Logistics as respondent, the applicant pleaded the court may set aside the order of the appellate tribunal and restore its order.

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