ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-355 of 2021

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

FRESH CASE:

1. For order on CMA No.1433/2021 (Urgent).

2. For order on office objection No.18.

3. For order on CMA No.1434/2021 (Exemption).

4. For order on CMA No.1435/2021 (Stay).

5. For hearing of main case.

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18^th January 2021

Rana Azm-ul-Hassan, Advocate for Petitioner.

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1. Urgency granted.

2. Learned counsel for the petitioner undertakes to comply with office objection before next date of hearing.

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

4&5. Learned counsel for petitioner submits that pursuant to an Assessment Order No.03/2021, dated 08.01.2021 passed by the respondents against the petitioner without providing an opportunity of being heard, petitioner has filed an appeal alongwith stay application before Commissioner Inland Revenue (Appeals-VI), Karachi, which is pending disposal, however, no order has been passed thereon and the respondents are pressing for the recovery of the disputed amount during pendency of appeal by adopting coercive measures, including attachment of petitioner’s bank account. It has been prayed that respondents may be restrained from seeking enforcement for recovery of the disputed amount in view of the earlier orders already passed by this Court in number of petitions containing similar controversy.

Let pre-admission notice be issued to the respondents as well as D.A.G, to be served through first three modes, for 09.02.2021, 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-VI), Karachi.

J U D G E