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Petitioner: Al Ghazi Traders Ltd VS Respondent: Fed. of Pakistan and Others
Court Name: Sindh High Court Judge(s): Aqeel Ahmed Abbasi, Rashida Asad Title: Al Ghazi Traders Ltd vs Fed. of Pakistan and Others Case No.: Const. P. 6093,6094/2020 Date of Judgment:2020-11-30 Reported As: 2020 SHC 1122 Result: Appeal disposed off
Judgment ORDER 1. Urgency granted. 2. Exemption granted, but subject to all just exceptions. 3&4. Learned counsel for the petitioner submits that pursuant to an order passed under Section 122(5A) of the Income Tax Ordinance, 2001 dated 27.10 .2020 for the Tax Year 2019, petitioner has filed an appeal alongwith stay application before Commissioner Inland Revenue (Appeals-II), LTU, Karachi, whereas, no order has been passed thereon and the statutory period for making payment has expired. However , according to learned counsel, respondents are pressing to initiate proceedings for the recovery of impugned demand by adopting coercive measure, hence requests that respondents may be restrained from enforcing the recovery of impugned demand till final disposal of appeal pending before Commissioner Inland Revenue (Appeals-II), L TU, Karachi. Let pre-admission notice be issued to the respondents as well as D.A.G, to be served through first three modes, for a date to be fixed after two weeks, when comments, if any, shall be filed with advance copy to the learned counsel for petitioner . However , till next date of hearing, respondents shall not enforce the recovery of impugned demand, which is subject matter of appeal pending before Commissioner Inland Revenue (Appeals-II), L TU, Karachi.