IN THE HIGH COURT OF SINDH AT KARACHI

Const. Petition No. D-4449 of 2016

 

ORDER WITH THE SIGNATURE OF THE JUDGE        

 

1.      For orders on CMA No. 22007/2016

2.      For orders on CMA No. 22008/2016

3.      For orders on CMA No. 22009/2016

4.      For hearing of main case.

 

16.08.2016  

                        Mr. Naeem Suleman,  advocate for the petitioner.

                                   

 

1.                  Granted.

 

2.                  Granted, subject to all just exceptions.

 

3&4.    It is inter-alia contended that against the assessment order passed by the respondent, petitioner has preferred an appeal before the Commissioner –Appeals II, RTO, Karachi alongwith stay application, which is pending disposal. However, during the pendency of such appeal, the respondent’s department has initiated recovery proceedings and there is apprehension that coercive measures will be adopted by the respondents for such recovery. Per learned counsel, the petitioner is entitled to stay of recovery of impugned demand till finalization of appeal filed by the petitioner, at-least before one independent forum, therefore,  the recovery proceedings initiated by the respondents are based on mala-fides. Learned counsel has referred to the Recovery Notice dated 09.08.2016, available at page 49, Annexure ‘C’, issued by Assistant Commissioner (IR), Karachi. Let notice be issued to the respondents as well as D.A.G. for 31.08.2016.  In the meanwhile, respondents shall not enforce recovery proceedings of the impugned demand, which is subject matter of the appeal before the Commissioner Appeals II, RTO, by adopting coercive measures.

 

 

                                                                                                                         J U D G E

 

 

                     J U D G E

 

Zahid Baig