ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitution Petition No.D-3530 of 2017

___________________________________________________________ Date Order with signature of Judge

___________________________________________________________

Hearing / Priority Case:

1. For hearing of CMA No.16257/2017.

2. For hearing of main case.

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21-08-2017

Mr. Jawaid Farooqui, Advocate for Petitioner.

Mr. Amjad Jawaid Hashmi, Advocate for Respondent.

Mr. Meer Hussain Abbasi, Asst. Attorney General.

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Learned counsel for the petitioner, on instructions, submits that pursuant to Order dated 24.5.2017 passed by this Court, the petitioner has deposited 15% of the outstanding liability before the respondent / department, hence it has been prayed that the respondent may be directed not to enforce the recovery of impugned demand, which is subject matter of appeal before the Appellate Tribunal Inland Revenue, till its final disposal.

Conversely, learned counsel for the respondent submits that if, 15% of the impugned liability has been deposited by the petitioner before the department, then instant petition may be disposed of in terms as suggested by the learned counsel for petitioner, however, requests that directions may be issued to the Appellate Tribunal Inland Revenue to decide the petitioner’s appeal within one month.

In view of the facts and circumstances of the case, we dispose of this petition with directions to the respondent/department not to enforce the recovery of impugned demand, which is subject matter of appeal before the Appellate Tribunal Inland Revenue, as the petitioner has already deposited 15% of the disputed amount before the concerned department; may further directed to the petitioner to approach the concerned Appellate Tribunal Inland Revenue with a request of urgent hearing of appeal and it is expected that the Appellate Tribunal may decide the petitioner’s appeal preferably within a period of two months from the receipt of this order, which shall be communicated by the petitioner to the concerned Appellate Tribunal.

Petition stands disposed of in above terms.

J U D G E

Farhan/PS