ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-5186 of 2018

___________________________________________________________ Date Order with signature of Judge

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Priority Case:

1. For hearing of CMA No.22632/2018.

2. For hearing of main case.

(Notice issued)(Order issued)(Bailiff Report filed)

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15.08.2018

Mr. Muhammad Yousuf, Advocate for Petitioner.

Mr. Meer Hussain Abbasi, Asst. Attorney General.

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Pursuant to Court’s Notice, Mr. Muhammad Aqeel Qureshi, Advocate has shown appearance and files vakalatnama on behalf of the respondent No.4, which is taken on record.

Both the learned counsel submit that instant petition can be disposed of in terms of the earlier orders already passed by this Court in similar petitions, whereby, the respondents have been restrained from enforcing the recovery of the impugned demand, which is subject matter of appeal before the Commissioner Inland Revenue (Appeals-III), RTO (Corporate) Karachi till its final disposal, whereas, in case of any adverse order, if passed by the Commissioner Inland Revenue (Appeals-III), respondents have been restrained from enforcing the recovery of impugned demand for another period of seven days from the date of such appellate order to enable the petitioner to seek further remedy in accordance with law. In support of the contentions, learned counsel for the petitioner has placed on record a copy of order dated 15.02.2017 passed by this Court in C.P. No.D-660/2017.

Accordingly, instant petition is disposed of with the directions to the respondents not to enforce the recovery of the impugned demand, which is subject matter of appeal before the Commissioner Inland Revenue (Appeals-III), RTO (Corporate), Karachi in the instant case till its final disposal. However, it is expected that concerned Commissioner (Appeals-III) shall decide the appeal of the petitioner, preferably, within a period of four weeks from the date of receipt of this order, which shall be communicated by the petitioner to the concerned Commissioner within two days. In case of any adverse order, if passed by the concerned Commissioner (Appeals-III) against the petitioner, respondents shall not enforce the recovery of the impugned demand for another period of seven days from the date of receipt of such appellate order by the petitioner, to enable the petitioner to seek further remedy in accordance with law. This petition stands disposed of in the above terms alongwith listed application.

J U D G E