KARACHI: The Sindh High Court (SHC) has sought comments from the tax authorities on a constitutional petition filed by Monis Abdullah against impugned demand notice of Rs 28,779,033/- for the tax year 2010 issued by Assistant Commissioner Inland Revenue, Enforcement and Collection Unit , Zone – III,LTU -II,Karachi.
A two-member bench, comprising Justice Muhammad Iqbal Kalhoro and Justice Khadim Hussain M Sheikh was hearing the petition. During the hearing, Deputy Attorney General Asim Mansoor Khan requested some time for filing the respective comments. Therefore, the court adjourned the hearing for August 25, 2016 and directed him to submit the respective comments on behalf of the tax department.
Earlier, counsel for the petitioner stated that petitioner has an excellent track record as a taxpayer and has never defaulted in its statutory obligations. He makes significant contribution to the exchequer vide payment of applicable taxes, he also employ hundreds of persons and contributes significantly towards the furtherance of economic and industrial development by virtue of stimulating activity in numerous other sectors.
According to the petitioner, Assistant Commissioner Inland Revenue, Enforcement & Collection Unit , Zone – III,LTU -II, Karachi has penalized the petitioner under income tax ordinance, 2001 for late filing or returns, this has been done for the tax year 2010 respectively, raising a total demand of Rs28,779,033/- the high handedness of the said respondent is evident from the fact that he has simultaneously issued demand notice for recovery of the same, whereas the petitioner has ample time to file an appeal. He argued that the respondents have already, illegally and malafidly recovered Rs. 1,116,559/- from the petitioner’s bank account dispite pendency of appeal against the same that’s why imminent thread of freezing of petitioner’s bank accounts.
Citing secretary Revenue division, Member Inland Revenue Operations, Commissioner Inland Revenue LTU – II, Regional Tax Office, Assistant Commissioner Inland Revenue Enforcement & Collection Unit, Zone – III, LTU – II, Karachi as respondents, Petitioner pleaded the SHC may restrain the respondents from effecting recovery of impugned said amounts.
