ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-6094 of 2020

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.26199/2020 (Urgent).

2. For order on CMA No.26200/2020 (Exemption).

3. For order on CMA No.26201/2020 (Stay).

4. For hearing of main case.

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30^th November 2020

Malik Altaf Hussain, 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 122(5A) of the Income Tax Ordinance, 2001 dated 27.10.2020 for the Tax Year 2019, petitioner has filed an appeal alongwith stay application before Commissioner Inland Revenue (Appeals-II), LTU, Karachi, whereas, no order has been passed thereon and the statutory period for making payment has expired. However, according to learned counsel, respondents are pressing to initiate proceedings for the recovery of impugned demand by adopting coercive measure, hence requests that respondents may be restrained from enforcing the recovery of impugned demand till final disposal of appeal pending before Commissioner Inland Revenue (Appeals-II), LTU, Karachi.

Let pre-admission notice be issued to the respondents as well as D.A.G, to be served through first three modes, for a date to be fixed after two weeks, 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 impugned demand, which is subject matter of appeal pending before Commissioner Inland Revenue (Appeals-II), LTU, Karachi.

J U D G E