ORDER SH EET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No. D-2316 & 2383 of 2010

_________________________________________________________________________

Order with signature of Judge

1.For Katcha Peshi

2.For hearing of Misc. No.9352/2010

26.09.2012  

M/s Naveed A. Andrabi and Anwar Kashif Mumtaz, advocates for the petitioner

Mr. S. Riazuddin, advocate for the respondent

Mr. Dilawer Hussain, Standing Counsel.

                           ----------

Through instant petition following relief has been sought:-

(a)        Quash the impugned selection of cases for audit through random balloting dated 11.12.2009 by respondent No.2 is illegal and without lawful authority and of no legal effect.

(b)        Declare that proceedings initiated on the basis of the impugned selection are illegal and of no legal effect and vacate the impugned proceedings.

During the course of proceedings learned counsel for the petitioner submitted that the issue involved in the instant petition has already been decided by a Division Bench of this Court in the case of Shahnawaz (Pvt) Ltd., v. Ministry of Finance, Government of Pakistan & others, reported as 2011 PTD 1558. Learned counsel has also placed on record copy of another order dated 31.01.2012 passed in C.P.No.D-2494 of 2010, wherein, similar issue was decided in the light of the above referred reported case. It has been requested by the learned counsel for the petitioner that instant petition may also be disposed off in the similar terms. While confronted with such position the learned counsel for the respondent, after examining the above referred judgment, did not controvert the contention of the learned counsel for the petitioner and submitted that the issue involved in the instant petition has already been decided in favaour of the petitioner.

Accordingly, respectfully following the dicta laid down in the above cited judgment of Division Bench of this Court, we dispose of this petition in terms of the above cited judgment and hold that “upto tax year 2008 selection of cases for Audit through Computer balloting by the Federal Board of Revenue was invalid.”

Petition stands disposed of in the above terms alongwith listed application.                                                                                                           

                                                                                                                       JUDGE

                                                                             JUDGE

ORDER SH EET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No. D-2383 of 2010

_________________________________________________________________________

Order with signature of Judge

1.For Katcha Peshi

2.For hearing of Misc. No.9583/2010

26.09.2012  

M/s Naveed A. Andrabi and Anwar Kashif Mumtaz, advocates for the petitioner

Mr. S. Riazuddin, advocate for the respondent.

Mr. Dilawer Hussain, Standing Counsel.

                           ----------

Through instant petition following relief has been sought:-

(a)        Quash the impugned selection of cases for audit through random balloting dated 11.12.2009 by respondent No.2 is illegal and without lawful authority and of no legal effect.

(b)        Declare that proceedings initiated on the basis of the impugned selection are illegal and of no legal effect and vacate the impugned proceedings.

During the course of proceedings learned counsel for the petitioner submitted that the issue involved in the instant petition has already been decided by a Division Bench of this Court in the case of Shahnawaz (Pvt) Ltd., v. Ministry of Finance, Government of Pakistan & others, reported as 2011 PTD 1558. Learned counsel has also placed on record copy of another order dated 31.01.2012 passed in C.P.No.D-2494 of 2010, wherein, similar issue was decided in the light of the above referred reported case. It has been requested by the learned counsel for the petitioner that instant petition may also be disposed off in the similar terms. While confronted with such position the learned counsel for the respondent,  after examining the above referred judgment, did not controvert the contention of the learned counsel for the petitioner and submitted that the issue involved in the instant petition has already been decided in favaour of the petitioner.

Accordingly, respectfully following the dicta laid down in the above cited judgment of Division Bench of this Court, we dispose of this petition in terms of the above cited judgment and hold that “upto tax year 2008 selection of cases for Audit through Computer balloting by the Federal Board of Revenue was invalid.”

Petition stands disposed of in the above terms alongwith listed application.

                                                                                                                       JUDGE

                                                                             JUDGE