ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-5444 of 2020

_____________________________________________________________________                                        Date                                        Order with signature of Judge 

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Priority Case:

1.     For hearing of CMA No.23203/2020.

2.     For hearing of main case.

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12th November 2020

 

Mr. Muhammad Bilal, 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 the 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-), RTO, Hyderabad till its final decision, whereas, in case of any adverse order, if passed by the Commissioner Inland Revenue (Appeals), RTO, Hyderabad against the petitioner, respondents have been further restrained from enforcing the recovery of impugned demand for another period of seven days from the date of receipt of such appellate order to enable the petitioner to seek further remedy in accordance with law.

Learned Asst. Attorney General does not oppose disposal of instant petition in above terms.

Accordingly, instant petition is disposed of in the above terms alongwith listed application. However, it is expected that the Commissioner Inland Revenue (Appeals), RTO, Hyderabad 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 Commissioner Inland Revenue (Appeals), RTO, Hyderabad by the petitioner within seven days.

 

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