ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-5269 of 2020

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.22403/2020 (Urgent).

2. For order on office objection No.18.

3. For order on CMA No.22404/2020 (Exemption).

4. For order on CMA No.22405/2020 (Stay).

5. For hearing of main case.

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23^rd October 2020

Qazi Umair Ali, Advocate for Petitioner.

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1. Urgency granted.

2. Learned counsel undertakes to comply with office objection before next date of hearing.

3. Exemption granted, but subject to all just exceptions.

4&5. Learned counsel for the petitioner submits that against Order-in-Original No.5/95 of 2018 passed under section 11(2) of the Sales Tax Act, 1990 dated 23.11.2018, petitioner had filed an appeal alongwith stay application, whereas, vide order dated 26.12.2018 stay against recovery was granted. However, according to learned counsel, recovery proceedings were not being pressed by the respondents till the recent dismissal of the petitions filed by the petitioners, including C.P. No.D-8177/2018, passed by a learned Division Bench of this Court in respect of scope and application under section 11(2) of the Sales Tax Act, 1990, however, respondents have again issued recovery notices and the petitioner has apprehension that coercive measures will be adopted by the respondents against petitioner including attachment of bank account(s). It has been prayed by the learned counsel that respondents may be restrained from enforcing the impugned demand, which is pending before Commissioner Inland Revenue (Appeals-IV), Karachi till its final disposal.

Let notice be issued to the respondents as well as D.A.G, to be served through first three modes, for 06.11.2020, when comments, if any, shall be filed with advance copy to the learned counsel for petitioner. However, till next date of hearing, respondents shall not enforce the recovery of impugned demand, which is subject matter of appeal pending before Commissioner Inland Revenue (Appeals-IV), Karachi. However, it is expected that appeal of petitioner pending before the Commissioner (Appeals-IV) may be decided at an early date in accordance with law after hearing the parties.

J U D G E