ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-4826 of 2019

___________________________________________________________ Date Order with signature of Judge

___________________________________________________________

Priority Case:

1. For order on CMA No.36180/2019 (Urgent).

2. For hearing of CMA No.33264/2019.

3. For hearing of CMA No.24622/2019.

4. For hearing of CMA No.23883/2019.

5. For hearing of CMA No.21039/2019.

6. For hearing of main case.

-----------

20^th December 2019

Mr. Khalid Jawed Khan alongwith Ms. Anam Muzzammil, Advocate for Petitioner.

Mr. Jawwad Qureshi, Advocate for Respondent No.2.

Mr. Shamshad Ahmed Narejo, Advocate for SRB alongwith Syed Zain-ul-Abedin Shah, Deputy Collector SRB.

Mr. Saifullah, Asst. A.G. Sindh.

-*-*-*-*-*-

Learned counsel for the petitioner files a statement, which is taken on record, copy of which has been provided to the learned counsel for respondents as well as learned Asst. A.G. Sindh, however, submits that instant petition can be disposed of in view of such statement, which reads as follows: -

“In view of the order passed by the Commissioner Appeals-I, Sindh Revenue Board in Appeals No. 104/2018 and 60/2019 dated 19.11.19, holding that the Petitioner No.1 was not providing taxable service prior to 1.7.19 and the fact that the Petitioner No.1 is providing service as cab aggregator falling under Tariff Heading No. 9846.0000 in the Second Schedule of the Sindh Sales Tax on Services Act, 2011, w.e.f. 1.7.19 and paying sales tax accordingly, and the order passed in C.P. No.D-1843 of 2019 dated 10.12.19, the Petitioners would not press the title Petition, if S.R.B. has no objection to disposal of the Petition in the above terms.

In that case, the amount deposited with Nazir in this Petition may be released to Sindh Revenue Board.”

Learned counsel for the respondents as well as learned Asst. A.G. Sindh do not oppose disposal of instant petition in terms of the aforesaid statement as well in view of an order dated 10.12.2019 already passed by this Court in similar Const. Petition No.D-1843/2019, copy of such order has also been placed on record alongwith the statement.

Accordingly, instant petition stands disposed of in terms of the aforesaid statement.

At this juncture, learned counsel for the petitioner submits that Nazir of this Court may be directed to release the amount, as furnished by the petitioner in the instant case, to the Sindh Revenue Board. Accordingly, Nazir is directed to release the amount as furnished by the petitioner in the instant matter alongwith profit accrued thereon, if any, to the Sindh Revenue Board within seven days from the date of receipt of this order.

J U D G E