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Islamabad High Court 2024 Constitution of Pakistan, 1973

2024 PTD 30

Recovery proceedings---Appeal pending
MESSRS ISLAMABAD ELECTRIC SUPPLY COMPANY LIMITED
Appellant
VS
ADDITIONAL COMMISSIONER INLAND REVENUE AND OTHERS
Respondent

Case Laws / Head Notes / Paras

Taxation---Recovery proceedings---Appeal pending---Stay of recovery proceedings during pendency of appeal---Petitioner sought a direction to the respondent to decide its pending appeal and, in the meanwhile, restrain the department from initiating recovery proceedings---Validity---There should be an adjudication of the grievance by an independent tribunal----An assessee is entitled to adjudication in respect of its disputed tax liabilities by at least one independent forum outside the hierarchy of the respondent department---Constitutional petition was disposed of with a direction to the respondent to hear and decide the appeal within a period of sixty days, and until then, no coercive measures were to be adopted against the petitioner by the department.