ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-450 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.1862/2021 (Urgent).

2. For order on CMA No.1863/2021 (Exemption).

3. For order on CMA No.1864/2021 (Stay).

4. For hearing of main case.

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20^th January 2021

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 petitioner submits that pursuant to an order passed under Section 122(1) of the Income Tax Ordinance, 2001 dated 28.11.2020 passed by the respondents against the petitioner for the Tax Year 2015, petitioner has filed an appeal before Commissioner Inland Revenue (Appeals-VI), RTO, Karachi, who is presently not available, therefore, neither the stay application could be filed nor any order has been passed thereon, whereas, the respondents are pressing for the recovery of the disputed amount during pendency of appeal by adopting coercive measures, hence requests that respondents may be restrained from seeking enforcement for recovery of the impugned demand in view of the earlier orders already passed by this Court in number of petitions containing similar controversy.

Let pre-admission notice be issued to the respondents as well as D.A.G, to be served through first three modes, for 10.02.2021, 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 impugned demand, which is subject matter of appeal pending before Commissioner Inland Revenue (Appeals-VI), RTO, Karachi.

J U D G E