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CIR submits power in Omni Group’s petitions against notices for IT returns of 2011

KARACHI: The Sindh High Court (SHC) directed counsels for both parties to complete their arguments on next date of hearing on four petitions filed by Anwar Majeed, owner of M/s Omni Group of Companies and his sons against notices for income tax return for year 2011.

On December 05, 2018, a two-member bench, headed by Justice Muhammad Ali Mazhar, heard the matter.

During the hearing, senior counsel filed power on behalf of Commissioner Inland Revenue (CIR) and sought time for arguments. Another senior counsel for petitioners was absent; however, a joiner counsel appeared and stated that senior counsel will argue in this matter. During the hearing, the court warned them to come with preparation and adjourned the matter.

On last hearing, Amjad Javaid Hashmi, counsel for Omni Group had submitted his comments in which he stated that FBR had directed field formations throughout the country that notices to taxpayer may be served as per mode of service provided in Section 218 of TTO 2001 and electric service may be resorted to as an additional means of service for formalities of the taxpayer and may not be treated as a legal mode of service.

Hashmi also argued that after several year, FBR can’t issue notice for recovery, however, court passed remarks that court will decide legality of notice period. However, petitioners have to pay tax return for 2011.

Counsel for the Anwar Majeed, Abdul Ghani Majeed, Nimr Majeed and Ali Kamal Majeed stated in their petitions that Deputy Commissioner IR Enforcement & Collection Unit-03, Zone-11 sent notices to them stating, “you have not furnished return of income for the tax year 2011, therefore, you are, hereby, requested to furnish return of income for the said tax year, in the prescribed form and verified in the prescribed manner, please note that failure to comply with any of the terms of this notices may result in a best judgment assessment under Sub Section 1 of Section 122 c of the said ordinance, and may also render you liable to penalty under Sub Section 1 of Section 182 or prosecution under Section 191 of the said ordinance or both”.

Counsel argued that petitioners agitated against illegal, arbitrary and time-bared notices dated 16/11/2016 which have been issued without jurisdiction by respondents under Sub Section 4 of Section 114 of the Income Tax Ordinance 2001.

Citing Chairman Federal Board of Revenue, Deputy Commissioner IR Enforcement & Collection Unit-03, Zone-11 and others as respondents, petitioners pleaded the court to declare that act of the respondents as illegal, mala fide and arbitrary, counsel also pleaded the court to set aside impugned notices and restrain them from taking any coercive action against the petitioners.

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