ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-8444 of 2019

___________________________________________________________                                        Date                            Order with signature of Judge 

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Priority Case:

1. For hearing of CMA No.37106/2019.

2. For hearing of main case.

(Notice issued)

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16^th January 2020

Mr. Arshad Hussain Shehzad, Advocate for Petitioner.

Mr. Usman Hadi, Asst. Attorney General.

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            Pursuant to Court’s Notice, Mr. Shakeel Ahmed, Advocate has shown appearance and files vakalatnama of Mr. Kafeel Ahmed Abbasi, Advocate on behalf of the respondent/department.

Learned counsel for the petitioner, however, submits that instant petition can be disposed of in terms of the earlier orders passed by this Court involving similar controversy and has placed on record a copy of order dated 11.10.2019 passed by this Court in C.P. No.D-791/2019 in the case of M/s. Noor Traders vs. Federation of Pakistan and others, copy of which has been provided to the learned counsel for respondent as well as learned Asst. Attorney General, who do not oppose disposal of instant petition in terms of the order as referred hereinabove.

            Accordingly, by consent, instant petition stands disposed of with directions to the respondents not to enforce the recovery of the impugned demand which is subject matter of appeal before the Appellate Tribunal Inland Revenue Karachi till its final decision and in case of any adverse order, if passed by the Appellate Tribunal against the petitioner in the instant case, the respondents may not enforce the recovery of the impugned demand for another period of seven days from the date of receipt of such appellate order by the petitioner enabling the petitioner to seek further remedy in accordance with law.

            At this juncture, learned counsel for the petitioner submits that further directions may be issued to the Appellate Tribunal Inland Revenue Karachi to decide the appeal of the petitioner on merits without being influenced with the earlier orders passed at the injunction application, whereby, the request of interim relief by the petitioner was declined. We are of the opinion that Appellate Tribunal Inland Revenue Karachi is an independent forum having complete knowledge with regard to the disposal of injunction application and final decision on the appeal which has to be decided on merits of the case irrespective of any interim order passed in this regard, therefore, no further directions are required.

J U D G E

J U D G E