ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-136 of 2021

___________________________________________________________________                                        Date                                      Order with signature of Judge 

___________________________________________________________________ 

 

Priority Case:

1.     For hearing of CMA No.315/2021.

2.     For hearing of main case.

(Notice issued)

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19th January 2021

Mr. Vivek Harani, Advocate for Petitioner.

Mr. Muhammad Aminullah Siddiqui, Asst. Attorney General.

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            No one is present on behalf of the respondents despite of service of Court’s notice, whereas, learned Asst. Attorney General requests for time to seek instructions and to file comments.

Learned counsel for the petitioner, however, submits that instant petition can be disposed of in terms of earlier orders already passed by this Court in number of petitions containing similar controversy under similar circumstances, whereby, respondents have been restrained from adopting any coercive measures for enforcing the recovery of the impugned demand, which is subject matter of appeal pending before Commissioner Inland Revenue (Appeals-I), Karachi.

Learned Asst. Attorney General does not oppose disposal of instant petition in the above terms.

Accordingly, instant petition is disposed of with the directions to the Commissioner Inland Revenue (Appeals-I), Karachi to decide the appeal of petitioner, preferably, within a period of one (01) month from the date of receipt of this order and till then, respondents shall not enforce the recovery of the impugned demand from the petitioner. However, if an adverse order is passed by the Commissioner (Appeals-I) against the petitioner, the respondents shall not enforce the recovery of the impugned demand for another period of seven (7) days to enable the petitioner to seek further remedy in accordance with law.

The petition stands disposed of in the above terms alongwith listed application. 

      J U D G E

 

J U D G E

*Farhan/PS*