KARACHI: The Sindh High Court (SHC) directed high officials of FBR to make sure to file their respective para wise comments on a constitutional petition filed by M/s Byco Petroleum Pakistan Limited against notices for selecting the petitioner for audit under section 25 of the sales tax act, 1990 issued by Deputy Commissioner Inland Revenue Unit-8, Audit.
On 21 April 2021, during the hearing, counsel for the petitioner stated that petitioner is inter alia, engaged in the business of oil refining, petroleum, conversion of crude oil into saleable components, and maintaining distribution networks for the smooth movement of petroleum products.
He further stated that this petition primarily impugned the unlawful actions of the respondents in selecting the petitioner for audit under section 25 of the sales tax act, 1990 through notice dated March 12, 2021 for the tax period July, 2017 to June, 2018.
He argued that the impugned notice-1, inter alia, fails to provide reasons behind petitioner’s section for audit as mandated in law and is in direct contravention of this court’s judgment.
Citing Chairman FBR, Commissioner Inland Revenue Audit-III, Deputy Commissioner Inland Revenue Unit-8, Audit, III as respondents, petitioner pleaded the court may declare that impugned notices suffer from inherent defects as the impugned notice-III requiring information under section 25 of the act has been issued after the selection of the tax year through impugned notice-I, this is in direct violation of the law as laid down by this court.
He further pleaded the court may declare that impugned notices are further illegal as the respondents have failed to specify any reasons for the petitioner’s selection of audit. Declare that impugned notices dated March 12, 2021 and March 15, 2021 have been issued in violation of the Indus Motor Judgment and, therefore, are without lawful authority and are of no legal effect.
Counsel pleaded that the court to restrain them from taking any coercive action against the petitioner till final order in this petition.
