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SHC restrains FBR from any adverse action against Engro Vopak Terminal Limited

SHC restrains FBR from any adverse action against Engro Vopak Terminal Limited

KARACHI: The Sindh High Court (SHC) restrained high officials of Federal Board of Revenue from taking any coercive action against the petitioner on a petition filed by Engro Vopak Terminal Limited against issuing show cause notice for imposing super tax.

On 3 April2020, during the hearing of petition, a two-member bench, headed by Justice Aqeel Ahmed Abbasi issued notices to the respondents and directed them to file their para wise comments on next date of hearing.

During the hearing, counsel for the petitioner stated in his constitutional petition that petitioner is engaged in the lawful business and always fulfills all the legal formalities according with law.

He further submitted that petitioner was shocked when it came to know that commissioner Inland Revenue officials issued a show cause notice to him and imposing super tax for tax year 2019 through under section 4B of the income tax ordinance 2001, as amended up till finance act 2019.

He said that issuing show cause notice without any lawful reasons is unlawful, baseless and is of no legal effect.

After the hearing, court passed order and observes that “issued notice to respondents, when instant petition by be taken up along with other identical petitions, till next date of hearing, respondents shall not take any adverse action against the petitioner.

Citing sectary finance, secretary Federal Board of Revenue, Commissioner Inland Revenue Zone-V Large Taxpayers and others as respondents, petitioner pleaded the court to declare that ac of the respondents is illegal, mala fide and arbitrary.

He further pleaded the court to set aside impugned show cause notice for recovery and restrain them from taking any coercive action against the petitioner till final order in this petition.