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IHC hears customs cases during first week of January

IHC hears customs cases during first week of January

ISLAMABAD: Islamabad High Court benches held hearing of various customs cases during first week of January involving field offices of Federal Board of Revenue (FBR).

IHC single bench comprising Justice Mohsin Akhtar Kayani heard the case filed by M/s Hasas Engineering and Construction Company Private Limited and dated in office hearing for submission of record.

The same bench also issued notices to parties regarding assisting court on the matter of M/s Hasas Engineering and Construction Company Private Limited.

The appellant had challenged the act of recovery of said amount by commissioner Inland Revenue of Large Taxpayer’s Unit, Islamabad.

ATIR was also made respondent in the case as the tribunal had sustained departmental decision regarding issuance of show cause notice and demand of recovery of outstanding tax amount in head of federal excise duty.

M/s Hasas Engineering and Construction Company 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 Hasas Engineering and Construction Company Private Limited had also mentioned that departmental obligations were not met amid processing the notice of recovery demand while later the adjudication did not address grievances of the appellant.

Justice Shaukat Aziz and Justice Mohsin Akhtar heard M/s Pakhtoon’s customs cases filed against Model Collectorate of Customs, Islamabad.

The bench also directed FBR field office, MCC and the appellant to submit record on the case in order to assist the court. Justice Aziz’s single bench also heard another customs case filed against MCC by Ehsan ur Rehman. Justice Athar Minallah and Justice Miangul Hassan relisted a customs reference for hearing.

IHC bench issued directives in this regard while hearing a case against Customs Appellate Tribunal. M Zubair, the appellant had challenged tribunal’s decision before the bench. Meanwhile, the bench dated in office hearing on M/S Dancom Pakistan’s case.

M/S Dancom Pakistan had filed the case challenging an announcement made by the Appellate Tribunal Inland Revenue (ATIR)-through which it had sustained decision announced by the department’s adjudication pertaining to the show cause notice to M/S Dancom Pakistan for outstanding tax recovery.

Through both the references, M/S Dancom Pakistan had named Chief Commissioner Inland Revenue, LTU, Assistant Commission Inland Revenue Withholding, LTU, Commissioner Inland Revenue (Appeals), LTU, and Federal of Pakistan through the chairman of Federal Board of Revenue (FBR) as respondent in the case.

Show-cause notices had been issued for the tax year 2016 in head of income tax under sections of income tax ordinance, 2001.

M/s Dancom Pakistan had prayed the court to direct LTU not to recover the said amount and abstain from any coercive action in this regard.

The petitioner had prayed the court operation of the impugned notices issued by the tax authority may kindly be suspended till the decisions of appeal pending before the LTU.