ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-2791 of 2014

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Order with signature of Judge

  1. For Katcha Peshi
  2. For hearing of CMA No.13374/14 (stay)

28.05.2014

Mr.Ali Almani, advocate for petitioner

Mr.Kafeel Ahmed Abbasi, advocate for respondent No.2 to 5

Learned Standing Counsel is called absent

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            The petitioner has impugned the Notice of Demand issued under Section 137(2) of the Income Tax Ordinance, 2001. It is further stated by the learned counsel for the petitioner that against impugned Notice of Demand, they have also filed appeal before the Commissioner Inland Revenue (Appeals-III), Karachi and during pendency of appeal, impugned Notice of Demand was issued. Mr.Kafeel Ahmed Abbasi, learned counsel for respondent No.2 to 5 submits that if this petition is disposed of with the directions to respondent No.3 to decide the appeal of petitioner within two weeks, meanwhile department shall not take any coercive action pursuant to Notice of Demand against petitioner. Learned counsel for petitioner further argued that may be the Commissioner Inland Revenue decides appeal within two weeks but in case of any adverse order against petitioner, at least, they may be allowed further two weeks’ time to approach to Income Tax Appellate Tribunal. On this suggestion, Mr.Kafeel Ahmed Abbasi has no objection.

            By consent, this petition is disposed in the following terms:-

1.         Respondent No.3, Commissioner Inland Revenue, shall decide the appeal of petitioner within a period of 15 days and petitioner shall not seek unnecessary adjournment.

2.         In case, appeal is decided against petitioner, further two weeks’ time will be allowed to petitioner to file appeal before Income Tax Appellate Tribunal and till such time, no recovery action shall be initiated.

This petition is disposed of in the above terms alongwith listed application.

 

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