KARACHI: The Sindh High Court (SHC) has issued notices to the tax authorities on a constitution petition filed by Shamsi Sadruddin Ahmed seeking refund amounting to Rs 14.166 million for the tax year 2008 to 2012.
A two-member bench, comprising Justice Muhammad Iqbal Kalhoro and Justice Khadim Hussain M Sheikh heard the petition. During the hearing, counsel for the petitioner submitted an application for urgent hearing; the court accepted the urgent application and issued notices to the tax authorities for date which would be announced according to roaster.
Earlier petitioner’s counsel stated that petitioner is running an educational institution under the name and style of M/s Delsol The School. on February 14,2013 a show cause notice issued by the Regional Tax Office-III Inland Revenue (IR), Enforcement & Collection Unit-I, Zone – I with intention to invoke section 122 clause for the tax year 2008 to 2012 by estimating for income at Rs 55.906 million resulting into the payment of income tax amounting to Rs 14.166 milllion.
According to the petitioner, he filed an appeal before the authority that passed the order dated March 05, 2013 and directed the petitioner to submit amounting to Rs 14,166,097; however, the petitioner filed an appeal before the IR Appeals commissioner, which accepted the petition.
However, during the pendency of appeal respondents pressed the petitioner to pay the impugned arrears on May 28, 2013. The respondents issued notice to the manger of Al-Habib Bank and attached the amount recoverable in terms of section 140 read with rule 96 of the Income Tax Ordinance, 2001 and recovered the said amounts.
Citing FBR chairman, RTO-III chief commissioner and IR commissioner as respondents, the petitioner pleaded the SHC may direct the respondents to issued refund for the tax year 2008 to 2012.
