ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-286 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.1117/2021 (Urgent).

2. For order on CMA No.1118/2021 (Exemption).

3. For order on CMA No.1119/2021 (Stay).

4. For hearing of main case.

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13^th January 2021

Qazi Umair Ali, 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 122(1) of the Income Tax Ordinance, 2001 dated 14.12.2020 by the respondents for the Tax Year 2019, petitioner has filed an appeal alongwith stay application before Commissioner Inland Revenue (Appeals-III), CTO, Karachi through online web portal pursuant to SRO 1315(I)/2020, dated 09.12.2020, however, in view of some error in online system, receipt for filing of appeal has not yet been issued, therefore, due to abandoned caution appeal alongwith stay application has been posted through courier. Per learned counsel, the respondents are pressing for the recovery of the disputed amount by adopting coercive measures, 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-III), CTO, 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 03.02.2021, 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-III), CTO, Karachi.

J U D G E