KARACHI: Collector Customs Collectorate Appraisement West Ashhad Jawwad has asked the chief commissioner, Large Taxpayers Unit (LTU) to properly represent the IRS/FBR in the constitutional petition pending with the Sindh High Court.
In a letter, Collector Jawwad said during the course of hearing counsel for the petitioner, M/s Engro Fertilizer, stated that identical petitions i.e. CP No D-1089/2016 (M/s MAL Pakistan (Private) Limited and others are sub judice before the DB-III of the SHC for application of Rule-B.
The collectorate’s counsel and the law officer had pleaded that the ad-interim order should be passed without securing the disputed amount and have clubbed the subject petitions with petition No D-1089/2016 where the hearing has already been fixed for August 23, 2017. In the leading case i.e. CP No D-1089/2016 Sarfaraz Ali Metlo Advocate is the departmental counsel for the IRS.
In view of the above position elucidated above, it is requested to kindly instruct your nominated counsel to represent the IRS/FBR in the subject petitions also to defend the case, pertaining to application of Rule 58-B.
However keeping in view the importance and urgency of the matter, it is requested to kindly let this office now final fate of the judgment reported as 2017 PTD 130 and fate/consequent action of the ad-interim order passed at the earliest as the customs Collectorate were not made respondents in those petitions, to enable Collectorate to move application for recall of the ad-interim orders with urgent hearing applications.