ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-259 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.988/2021 (Urgent).

2. For order on CMA No.989/2021 (Exemption).

3. For order on CMA No.990/2021 (Stay).

4. For hearing of main case.

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12^th January 2021

Syed Maqbool Hussain Shah, Advocate for Petitioner.

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1. Urgency granted.

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

3&4. Learned counsel for petitioner submits that pursuant to an order passed under Section 161(1) of the Income Tax Ordinance, 2001 by the respondents for the Tax Year 2019, petitioner has filed an appeal alongwith stay application before Commissioner Inland Revenue (Appeals-VI), RTO-I, Karachi, however, no order has been passed thereon and the respondents have initiated recovery proceedings by issuing Show Cause Notice dated 05.01.2021 under section 138(1) of the Income Tax Ordinance, 2001, hence requests that respondents may be restrained from enforcing the recovery of the impugned demand, which is subject matter of appeal pending before Commissioner Inland Revenue (Appeals-VI), RTO-I, Karachi till its final decision.

Let pre-admission notice be issued to the respondents as well as D.A.G, to be served through first three modes, for 28.01.2021, when comments, if any, shall be filed with advance copy to the learned counsel for petitioner. In the meanwhile, respondents shall not enforce the recovery of the disputed amount, which is subject matter of appeal pending before Commissioner Inland Revenue (Appeals-VI), RTO-I, Karachi.

J U D G E