KARACHI: The Sindh High Court (SHC) restrained the tax authorities from taking any adverse action against the petitioner and act in accordance with the law on a constitutional filed by M/s English Biscuit Manufacture Private Limited seeking quashment of an FIR registered against it.
While hearing of the petition, a two-member bench, headed by Justice Aqeel Ahmed Abbasi, also issued notices to the tax department and deputy attorney general of Pakistan directing them to submit their para-wise comments on the next date of hearing.
During the hearing, counsel for the petitioner argued before the court and after his arguments, the court adjourned the matter for March 24, 2017 and observed in its order that “respondents are redirected to conduct themselves quite in accordance with the law and ensure that petitioner may not be harassed whereas in case of any material available with the respondents against the petitioner, petitioner shall be provided an opportunity to explain his position”.
Earlier, counsel for the petitioner stated that the officials of the tax department lodged an FIR against a number of companies/persons and in the interim challan on the basis of complaint from deputy director of intelligence & investigation-FBR, whereby the investigation of the matter is underway and that as per supplementary interim challan, the petitioner has been listed as one of the beneficiaries who utilized the sales tax invoices and adjusted inadmissible input tax.
According to the petitioner, it has neither been nominated in the FIR and nor has the company benefited for any of the fake invoices.
Citing DG Intelligence & Investigation FBR Karachi and others as respondents, it pleaded with the court to quash the FIR and restrain the respondents from taking any adverse action against the petitioner.