ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-2521 of 2020

___________________________________________________________                                        Date                            Order with signature of Judge 

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Priority Case:

1. For hearing of CMA No.11363/2020.

2. For hearing of main case.

(Notice issued)(Bailiff report filed)

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Friday, 29^th May 2020

Mr. Jawaid Farooqui, Advocate for Petitioner.

Mr. Muhammad Aminullah Siddiqui, Asst. Attorney General.

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            No one is in attendance on behalf of the respondents despite service of Court’s Notice, whereas, learned Asst. Attorney General requests for further time to seek instructions and to file comments.

            Learned counsel for the petitioner, however, submits that instant petition can be disposed of in terms of earlier orders already passed by this Court in number of petitions involving similar controversy, wherein respondents have been restrained from enforcing the recovery of impugned demand, which is subject matter of appeal pending before the Commissioner Inland Revenue (Appeals-II), Karachi, till its final decision.  In support of his contention learned counsel for petitioner has placed on record a copy of order dated 29.8.2019 passed by this Court in C.P. No.D-2069/2019 in the case of M/s.Intertek Pakistan (Private) Limited vs. Federation of Pakistan and others.

            Learned Asst. Attorney General in view of earlier orders already passed by this Court in similar petitions does not oppose disposal of instant petition in above terms.

            Accordingly, instant petition is being disposed of with the directions to the respondents not to enforce the recovery of impugned demand, which is subject matter of appeal before the Commissioner Inland Revenue      (Appeals-II), Karachi, till its final decision. However, it is expected that Commissioner Inland Revenue (Appeals-II) Karachi may decide the appeal of the petitioner, preferably, within a period of four weeks from the date of receipt of this order, which shall be communicated to the concerned Commissioner by the petitioner within seven days from the date of this order. In case of any adverse order, if passed by Commissioner Inland Revenue (Appeals-II) Karachi against the petitioner in the instant case, the respondents may not enforce the recovery of impugned demand for another period of seven (7) days from the date of receipt of such appellate order to enable the petitioner to seek further remedy in accordance with law.

            Petition stands disposed of in the above terms alongwith listed application.

J U D G E

J U D G E