ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-6706 of 2020

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.28632/2020 (Urgent).

2. For order on CMA No.28633/2020 (Exemption).

3. For order on CMA No.28634/2020 (Stay).

4. For hearing of main case.

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24^th December 2020

Mr. Muhammad Din Qazi, 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 pursuant to an order passed under Section 161(1) of the Income Tax Ordinance, 2001 dated 27.06.2020 by the respondents for the Tax Year 2016, petitioner has filed an appeal alongwith stay application before Commissioner Inland Revenue (Appeals-II), LTO, Karachi, however, no order has been passed thereon, whereas, statutory period for making payment of the disputed amount has expired and the respondents are pressing recovery proceedings by adopting coercive measures, including attachment of petitioner’s bank account, hence requests that respondents may be restrained from enforcing the recovery of disputed amount till final disposal of the appeal pending before Commissioner Inland Revenue (Appeals-II), LTO, Karachi.

Let pre-admission notice be issued to the respondents as well as D.A.G, to be served through first three modes, for 19.01.2021, when comments, if any, shall be filed with advance copy to the learned counsel for petitioner. In the meanwhile, respondents shall not enforce the recovery of the disputed amount, which is subject matter of appeal pending before Commissioner Inland Revenue (Appeals-II), LTO, Karachi.

J U D G E