KARACHI: The Sindh High Court (SHC) has issued a notice to the tax authorities and deputy attorney general, directing them to file their respective para wise comments on a constitutional petition filed by M/s Jaffer Brother Limited against a tax recovery notice issued by assistant commissioner Inland Revenue E&C Taxpayers Unit LTU.
A two-member bench headed by Justice Aqeel Ahmed Abbasi restrained the tax department from recovering the disputed amount from the petitioner till the next date of hearing.
Earlier, hte counsel for the petitioner stated that he is a commercial importer and principally engaged in lawful trading and indenting of the household products. He submitted that the petitioner has always fulfilled liabilities and paying duty and taxes regularly.
According to the importer, however, assistant commissioner Inland Revenue E&C Taxpayers Unit LTU has passed an assessment order under the Sales tax Act 1990 for the period of Jan 2009 to December 2011 and directed the petitioner to deposit the alleged demand within 30 days, being aggrieved, importer filed an appeal along with stay application before concern appellate authority which is still pending for disposal. He added that during pending of such appeal, it has apprehension from any coercive measures from tax authorities.
Citing Commissioner Inland Revenue Appeals, Commissioner Inland Revenue E&C Zone-IV, Unit-III and Assistant Commissioner Inland Revenue E&C Taxpayers Unit LTU as respondents, petitioner pleaded the court may restrain the tax department from taking coercive measures till final decision of its appeal pending before Commissioner Inland Revenue Appeals.
