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IHC adjourns hearing of case challenging ATIR’s verdict

IHC adjourns hearing of case challenging ATIR’s verdict

ISLAMABAD: Justice Athar Minallah and Justice Miangul Hassan Aurangzeb of the Islamabad High Court (IHC) dated in office the hearing of a customs matter challenging an announcement made by the Customs Appellate Tribunal Inland Revenue (ATIR). The case was filed by Malik Nasir Khan against ATIR, Islamabad.

A division bench of the IHC had earlier directed staff to relist the appeal to be heard along with other cases of the similar nature. In the meantime, the bench also dated in office the hearing of another matter submitted by M/s Mobizone Pakistan (Private) Limited.

M/s Mobizone Pakistan had challenged a recovery claim made by field office of Federal Board of Revenue (FBR).

M/s Mobizone Pakistan Private Limited had filed the reference in which the company had challenged a show cause notice issued by the Large Taxpayers Unit, Islamabad.

M/s Mobizone Pakistan Private Limited had prayed the court that FBR office had issued a recovery notice to the company which did not hold lawful grounds.

The appellant had prayed the court to declare the act as illegal and without any lawful authority and an interim stay may be granted against recovery proceedings.

M/s Mobizone Pakistan Private Limited submitted before the court that the impugned order was issued under mala-fide intentions and had no legal standing or authority and the court may decide on relief which it deemed appropriate in this regard. It also stated that due legal course was not followed by the department in issuing the order.

M/s Mobizone Pakistan Private Limited had also prayed the court to decide the case early as the appellant had to bear financial complications after the case.

M/s Mobizone Pakistan Private Limited had also mentioned that departmental obligations were not met amid processing the notice of recovery demand while later the adjudication did not addressed grievances of the appellant.

ATIR, Federal Board of Revenue (FBR), officers of LTU including Commissioner Inland Revenue, and others were made respondent in the tax reference.