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IHC issues directives to conclude arguments on appeal filed against Customs Appellate Tribunal

IHC issues directives to conclude arguments on appeal filed against Customs Appellate Tribunal

ISLAMABAD: Justice Athar Minallah and Justice Miangul Hassan Aurangzeb of Islamabad High Court issued directives to parties to conclude arguments in Malik Nasri Khan’s customs appeal filed against Custom Appellate Tribunal, Islamabad.

On 5.9.2018, IHC division bench dated in office hearing of the case along with another matter submitted by M/s Mobizone Pakistan Private Limited.

M/s Mobizone Pakistan Private Limited 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 address 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.