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SHC seeks rejoinder from Omni Group of Companies over income tax return notices

SHC seeks rejoinder from Omni Group of Companies over income tax return notices

KARACHI: The Sindh High Court (SHC) directed counsel for the petitioners to file rejoinder on four petitions filed by Anwar Majeed, owner of Omni Group of Companies and his sons against notices for income tax return for 2011.

On November 5, 2018, a two-member bench, headed by Justice Muhammad Ali Mazhar was hearing the matter.

During the hearing, counsel for the Anwar Majeed, Abdul Ghani Majeed, Nimr Majeed and Ali Kamal Majeed sought further time to file rejoinder, therefore, court granted time and directed him to file their comments on next date of hearing.

Counsel for the petitioners stated in their petitions that Deputy Commissioner IR Enforcement & Collection Unit-03, Zone-11 sent notices to them in which stating that “you have not furnished return of income for the tax year 2011, therefore, you are, hereby, requested to furnish return of income for the said tax year, in the prescribed form and verified in the prescribed manner, please note that failure to comply with any of the terms of this notices may result in a best judgment assessment under sub section 1 of section 122 c of the said ordinance, and may also render you liable to penalty under sub section 1 of section 182 or prosecution under section 191 of the said ordinance or both”.

Counsel argued that petitioners agitated against illegal, arbitrary and time-bared notices dated 16/11/2016 which have been issued without jurisdiction by respondents under Sub Section 4 of Section 114 of the Income Tax Ordinance 2001.

Citing chairman Federal Board of Revenue, deputy commissioner IR Enforcement & Collection Unit-03, Zone-11 and others as respondents, petitioners pleaded the court to declare that act of the respondents as illegal, mala fide and arbitrary, counsel also pleaded the court may set aside impugned notices and restrain them from taking any coercive action against the petitioners.