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    LHC Al Madina ATIR Implementation Sales Tax Restoration

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    umaira
    This JSON summarizes a court document. The petitioner filed a writ petition seeking implementation of an appellate tribunal order. The court directed the department to implement the order within 7 days conditionally, as a reference application was already filed but does not suspend the order.

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    © All Rights Reserved
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    LHC Al Madina ATIR Implementation Sales Tax Restoration

    Uploaded by

    umaira
    6 views3 pages
    This JSON summarizes a court document. The petitioner filed a writ petition seeking implementation of an appellate tribunal order. The court directed the department to implement the order within 7 days conditionally, as a reference application was already filed but does not suspend the order.

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    © © All Rights Reserved

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    This JSON summarizes a court document. The petitioner filed a writ petition seeking implementation of an appellate tribunal order. The court directed the department to implement the order within 7 days conditionally, as a reference application was already filed but does not suspend the order.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    6 views3 pages

    LHC Al Madina ATIR Implementation Sales Tax Restoration

    Uploaded by

    umaira
    This JSON summarizes a court document. The petitioner filed a writ petition seeking implementation of an appellate tribunal order. The court directed the department to implement the order within 7 days conditionally, as a reference application was already filed but does not suspend the order.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    · ·-: .·?, ,-..

    . -t
    Form No: HCJD/C-121

    ORDER SHEET
    IN THE LAHORE HIGH COURT,
    MULTAN BENCH, MULTAN

    Judicial Department

    W.P.No.3690 of 2024

    Mis.Al-Madina Dry Fruit Traders· Versus Federation of Pakistan etc.

    S. No. of
    Date of order/ Order with signature of Judge, and that of
    order/
    Proceeding parties or counsel, where necessary
    Proceeding
    • ,_28.03.2024 Mr.Muhammad Imran Ghazi, Advocate for the
    petitioner.
    'Malik Aamir Javed Bhutta, Assistant Attorney General
    on Court's call.
    Mr.Tariq Manzoor Sial, Advocate for respondents
    No.2 to 5.

    Through this Writ Petition under Article 199


    of the Islamic Republic of Pakistan, 1973, the
    petitioner has. sought
    ~
    .
    indulgence. of this . Court
    .
    for
    protection of - its rights and interests by seeking
    direction to implement Order dated 04.03.2024
    passed by learned Appellate Tribunal, Inland
    Revenue (Appellate Tribunal) Ill STA
    No.44/MB/2024.

    2. Learned counsel for the petitioner submits


    that since there is no injunctive order operating
    . against the Order passed by learned Appellate
    Tribunal, therefore, the department is bound to
    implement the same, but despite hectic efforts of the
    petitioner the department has not taken any action so
    far.

    3. Learned counsel for the respondents No.2 to


    5 has submitted reply and parawise comments and
    contends that Reference Application has already been
    filed against the order passed by the learned
    W.P.No.3690 of 2024 2

    Appellate Tribunal, however, admits that there is no


    injunctive order holding the field.

    fl-. In this view of the matter, if the order passed


    I
    by the learned Appellate Tribunal has neither been
    I , , .
    varied nor suspended or set aside, the department is :
    ' . ..,...
    directed to implement the same in accordance with
    law within a period of seven days. So far as the
    institution of Reference Application is concerned,
    suffice is to observe that the department can
    1

    implement the order conditionally but by any stretch


    of legal imagination cannot avoid implementation
    , thereof.

    5. With t
    disposed of.

    JU

    ), .. ••.: .-.~ .:: .. _.,.,·,::' ~ ~ tr~r~.----------·


    i
    , I
    ;
    ,. I
    i'

    VS
    PETITIONER
    ·-
    1. The Federation pf Pakistan through Secretary Revenue Division, Pakistan
    Secretariat, Islambbad

    Islamabad l
    2. Federal Board df Revenue through its Chairman, Constitutional Avenue,

    3. Chief Commissi ner Inland Revenue, Regional Tax Office, Nawan Shehr,
    I

    Multan :
    4. Commissioner Inland Revenue, Multan Zone, RTO, Nawan Shehr, Multan
    5. Member (Operations) Inland Revenue, FBR, Constitutional Avenue, Islamabad

    RESPONDENTS

    WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF


    ISLAMIC REPUBLIC OF P AKSIT AN, 1973

    Respectfully Sheweth: - ·,

    FACTS

    1. The present petition is being instituted and filed under the signatures of Mr.
    Muhammad Haseeb S/o Muhammad Ashfaq bearing CNIC 36302-3052052-3
    I

    Rio House No.29{D, Mohallah Chah Hafeezwala, Dolat Gate, Multan, who is
    I

    . fully conversant 'fith the facts of the case and is fully authorized in this behalf
    i
    to institute and file this petition and to sign and verify the same and to do. all
    :" l. , .. .~ . . . ·: .
    'things necessary and incidental thereto.
    I

    2. That the petitioner is Individual and engaged in the business of trading/import


    of dry fruit etc and duly registered with the Tax Authorities at National Tax
    1.-:-f::J.l/ 2__ Number (NfN) , 7173075- 3 since 09.02.2016 and Sales Tax Number
    /'i'fr.,dJod~'-- 3277876122187 under the jurisdiction of Regional Tax Office Multan.
    J f.t O/".o J 7-..........-:-:---i
    I/ ''.I •.'"'
    i' , I
    " ,:;:qpe,~JJY
    .
    ofNTN Inquiry
    .
    Attached as Annexure A)
    / ~. l,.i :~,i 1 ·" i
    ( '):cV ~)r;.,..,
    t ... f

    ~. (:.)t_~~:;.
    4sst
    ~1117t I?,-, . .
    ---.:..:...~_f//Sr't;7r· O;,d/.)

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