ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-5729 of 2020

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.24497/2020 (Urgent).

2. For order on CMA No.24498/2020 (Exemption).

3. For order on CMA No.24499/2020 (Stay).

4. For hearing of main case.

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13^th November 2020

Mr. Taimoor Ahmed Qureshi, Advocate for Petitioner.

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1. Urgency granted.

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

3&4. Learned counsel for the petitioner submits that against an order passed under section 122(5A) of the Income Tax Ordinance, 2001 dated 30.05.2019 for the Tax Year 2015, petitioner had filed an appeal alongwith stay application before Appellate Tribunal Inland Revenue, Karachi, whereas, hearing on the stay application was heard on 06.11.2020, but no order has been passed thereon. However, according to learned counsel, respondents have initiated proceedings for the recovery of impugned demand by adopting coercive measure and have made attachment of the bank account of the petitioner, hence requests that respondents may be restrained from enforcing the recovery of impugned demand till final disposal of appeal pending before Appellate Tribunal Inland Revenue, Karachi. It has been further prayed that respondents may be directed to withdraw the attachment notice dated 03.11.2020.

Let notice be issued to the respondents as well as D.A.G, to be served through first three modes, for 20.11.2020, 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 Appellate Tribunal Inland Revenue, Karachi, whereas, the operation of attachment notice dated 03.11.2020 shall remain suspended till next date of hearing.

J U D G E