ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-5729 of 2022

_____________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.24420/2022 (Urgent).

2. For order on CMA No.24421/2022 (Exemption).

3. For order on CMA No.24422/2022 (Stay).

4. For hearing of main case.

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Dated; 28^th September 2022

Mr. Muhammad Fazle Rabbi alongwith Mr. Kanwar Yousuf Ali Khan, Advocate for Petitioner.

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1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3&4. Learned counsel for the petitioner submits that pursuant to an order passed under Section 122(9) of the Income Tax Ordinance, 2001 dated 30.04.2022 for the tax year 2021, petitioner filed an appeal alongwith stay application before the Commissioner Inland Revenue (Appeals-VI), R.T.O., Karachi, who was pleased to grant stay against recovery of impugned demand for 15 days, which period has expired on 23.09.2022, therefore, the petitioner has filed an application seeking extension of stay, however, no order has been passed thereon and the respondents are pressing for the recovery of impugned demand by adopting coercive measures. It has been prayed by the learned counsel that in view of earlier orders already passed by this Court in similar circumstances, respondents may be directed not to enforce the recovery of impugned demand till final decision either on the stay application or on the appeal, as the case may be.

Let pre-admission notices be issued to the respondents as well as to the D.A.G., to be served through first three modes, for 08.10.2022, when parawise comments, if any, shall be filed with advance copy to the learned counsel for petitioner. However, till next date of hearing, respondents shall not enforce the recovery of disputed amount, which is subject matter of appeal.

J U D G E

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