ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI.

 

C.P. No. D-1964 of 2010

 

Date          Order with signature of Judge

 

 

1.         For orders on Misc. 7945/10.

2.         For orders on Misc. 7946/10.

3.         For Katcha Peshi.

4.         For orders on Misc. 7947/10.

 

Dated: 25.6.2010

 

Mr. Anwar Mansoor Khan for the petitioners.

 

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1)     Allowed.

 

 

2)     Allowed subject to all just exceptions.

 

 

3/4)   Mr. Anwar Mansoor Khan says that against the impugned order of demand based on reopening of the petitioner's assessment for the year 2008, an appeal has been filed before the Commissioner of Income-Tax along with stay application.  However, to date the said stay application has not been decided and as a result the income tax authorities are pressing hard for recovery against the impugned order since the financial year is going to close.  He, therefore, prays for a notice and in the meanwhile that the impugned demand be suspended.

 

       We have heard the learned counsel and gone through the petition with his assistance.  It appears that indeed the impugned demand is the subject matter of the pending appeal before the Commissioner Income Tax wherein stay application has also been filed by the petitioner.  In the circumstances of the case we would dispose of this petition by directing the Commissioner of Income Tax to decide the stay application filed by the petitioner within a period of two weeks from today. Till then the impugned demand is suspended.

 

 

Chief Justice

 

 

 

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