KARACHI: The Sindh High Court (SHC) has warned the tax authorities that question of interim relief shall be taken up on the basis of record as available if para wise comments are not filed by next date on a constitutional petition filed by Moiz Akbar Ali Kakal against demand notice of R 64.165 million as alleged tax evasion.
A division bench of the SHC comprising Justice Munib Akhter and Justice Abdul Malik Gaddi heard the petition.
During the hearing, the counsel for the petitioner submitted that as per court’s previous orders, reply has been submitted for the impugned show cause notice before the authorities concerned. However, the counsel for the respondents requested for some time to submit its comments.
Earlier, the petitioner’s counsel stated that petitioner is engaged in the business of timber and paying all leviable taxes regularly. However, officials of the tax authorities issued a notice stating that during physical verification on 26th April 2016, it was found that the petitioner was involved in tax evasion, therefore, he was asked to pay Rs64.165 million for the tax period ending March 2016.
According to the petitioner, concerned officials did physical verification of only two premises on which the remaining inventory stock of the petitioner is available as mentioned. The counsel argued that the petitioner had explained all situation but respondents did not bother to understand and raided the premises of the petitioner without issuing notice and took the computer and other things away with them which is illegal, malafide and unjustified.
Citing secretary Ministry of Law, chairman FBR, commissioner Inland Revenue I&P Cell Zone –III, RTO III and others as the respondents, the petitioner pleaded the SHC to set aside impugned demand notice and restrain the respondents from taking any action against it. The court was further requested to direct the petitioner to release computer and other equipments.
