KARACHI: An appellate bench of High Court of Sindh (SHC) comprising Justice Aqeel Ahmed Abbasi and Justice Abdul Maalik Gaddi disposed of a Special Tax Reference Application filed by Interflow Communications Private Limited directing the Commissioner Appeals, Inland Revenue to decide the appeal within 30 days time.
The bench also restrained the IR authorities from coercing recovery of alleged short levied amount.
The bench earlier heard Amjad Javed Hashmi, counsel for the applicant who impugned a show cause notice under section 138 (1) of the Income Tax Ordinance 2001 demanding a payment of rupees 294,831, 375. The counsel maintained that the amount demanded was twice the declared taxable income of rupees 10, 880,948.
The applicant sought a refund of rupees 29,277,390 for the tax year 2104. AT this moment the department swung into action and selected the return filed for an audit. The authorities later demanded a number of documents from the applicant to support their claims.
Today when the application was taken up for hearing, the counsel for applicant pointed out that comments were not filed by the respondent side. The bench perusing the prayer clause and other points raised in the application by the applicant said that instant reference application can be disposed of in terms decided in case of identical nature.
The bench while disposing of the petition while asking the appellate authority to decide the appeal in 30 days also restrained the department from any coercive action for 15 days if any adverse order was passed against the applicant. The applicant was asked to obtain a stay from relevant forum within 15 days in case or order passed against him.