ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitution Petition No.D-4981 of 2017

___________________________________________________________ Date Order with signature of Judge

___________________________________________________________

Priority Case:

1. For hearing of CMA No.20943/2017.

2. For hearing of main case.

(Notice issued)

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16-08-2017

Mr. Abid H. Shaban, Advocate for Petitioner.

Mr. Meer Hussain Abbasi, Asst. Attorney General.

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Pursuant to Court’s Notice, Mr. Ameer Bakhsh Metlo, Advocate has shown appearance on behalf of the respondent and requests for time to file comments.

Learned counsel for the Petitioner, while placing on record a copy of order dated 22.05.2017 passed by this Court in C.P. No.D-2933/2017, submits that instant petition can be disposed of in terms of the said order in similar circumstances, whereby, the respondents have been restrained from enforcing the recovery of impugned demand, which is subject matter of appeal before the Commissioner (Appeals-I) Karachi till its final disposal.

Learned counsel for the respondent as well as learned Asst. Attorney General, do not controvert such position and submit that instant petition may also be disposed of on the similar terms.

Accordingly, instant petition is disposed of with the direction to the respondents not to enforce the recovery of the impugned demand, which is subject matter of appeal before Commissioner (Appeals-I) Inland Revenue, RTO, in the instant case till its final disposal. It is expected that Commissioner (Appeals-I) 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 seven days from the date of this order. In case of any adverse order, if passed by the Commissioner (Appeals-I) against the petitioner, the 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

Farhan/PS