ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-6540 of 2020

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.28050/2020 (Urgent).

2. For order on office objection No.18.

3. For order on CMA No.28051/2020 (Exemption).

4. For order on CMA No.28052/2020 (Stay).

5. For hearing of main case.

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18^th December 2020

Khawaja Shams-ul-Islam, Advocate for Petitioners.

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1. Urgency granted.

2. Learned counsel for the petitioners 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 petitioners submits that respondents have passed an exparte order under section 122(1) read with section 111/122(5) of the Income Tax Ordinance, 2001 for the Tax Year 2019 against the petitioners, however, without providing an opportunity of being heard to petitioners, whereas, the aforesaid order was not duly served upon the petitioners, who have recently obtained its copy and the respondents are pressing recovery of the impugned demand by adopting coercive measures. Per learned counsel, though impugned order relates assets of the husband of petitioner No.1 and has nothing to do with the petitioners, however, petitioners will file an appeal alongwith stay application against the impugned order, however, in the meanwhile, requests that respondents may be restrained from seeking enforcement of the disputed amount till final decision by the Commissioner (Appeals) either on the stay application or on the appeal, as the case may be.

Let pre-admission notice be issued to the respondents as well as D.A.G, to be served through first three modes, for 11.01.2021, when comments, if any, shall be filed with advance copy to the learned counsel for petitioner. In the meanwhile, respondents may not take any adverse action against the petitioners for the recovery of disputed amount pursuant to the impugned show-cause notices till next date of hearing.

J U D G E