ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-5817 of 2020

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.25008/2020 (Urgent).

2. For order on CMA No.25009/2020 (Exemption).

3. For order on CMA No.25010/2020 (Stay).

4. For hearing of main case.

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18^th November 2020

Mr. Taimoor Ali Mirza, Advocate for Petitioner.

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1. Urgency granted.

2. Exemption granted, but subject to all just exceptions.

3&4. Learned counsel for the petitioner submits that pursuant to an order passed under section 4B of the Income Tax Ordinance, 2001 dated 20.10.2020 by the respondents for the Tax Year 2019, petitioner has filed an appeal along with stay application before Commissioner Inland Revenue (Appeals-III), C.R.T. Karachi, however, neither any number has been assigned thereon nor hearing has been made, whereas, statutory period for making payment is expired tomorrow i.e. 20.11.2020 and there is apprehension that respondents are starting threats to enforce the recovery of impugned demand during pendency of appeal by adopting coercive measures, including attachment of the bank account of the petitioner. It has been prayed that respondents may be restrained from enforcing the recovery of impugned demand till final decision of the appeal pending before Commissioner Inland Revenue (Appeals-III), CRT, Karachi.

Let notice be issued to the respondents as well as D.A.G, to be served through first three modes, for 03.12.2020, when comments, if any, shall be filed with advance copy to the learned counsel for petitioner. However, till next date of hearing, respondents shall not enforce the recovery of the impugned demand, which is subject matter of appeal pending before Commissioner Inland Revenue (Appeals-III), CRT, Karachi.

J U D G E

Farhan/PS