KARACHI: A demand based on internal audit but without issuance of show cause notice is not sustainable, held a custom appellate bench of High Court of Sindh.
The bench was hearing a constitution petition filed by Alpha Container Ind (Pvt) Ltd versus The Deputy Collector DTRE Audit and others.
Zia-ul-Hasan Advocate appearing for the petitioner at the outset stated that the DTRE Audit department has raised a demand without issuance of a show cause notice and that the petitioner was not party to the audit proceedings. The bench perusing the file found that a demand for paying duties and taxes amounting to rupees 2496486 was raised. The bench noted that there is nothing on record to suggest that before making such demand the petitioner was associated with the audit proceedings or any show cause notice was issued.
Khalid Rajpar advocate appearing for the DTRE Collectorate candidly admitted that law was to be followed and a show cause was to be issued. He assured the court that show cause notice would be issued to the petitioner in accordance with law.
The bench after this statement disposed of the petition directing the respondents to do the needful by issuing show cause notice and to deal with the matter in accordance with law.