Sindh High Court (SHC) has issued a restraining order for not taking any coercive measure against the taxpayers for recovery under section 7E (tax on deemed income basis) of the Income Tax Ordinance 2001 for the period from July 1, 2022, to June 30, 2023.
This is subject to the condition of payment of 50 percent liability under section 7E of the Income Tax Ordinance 2001.
The SHC issued the order (CP No. D-5127 of 2023) on Monday. “Subject to the payment of 50 percent liability under section 7E of the Income Tax Ordinance 2001, no coercive action to be taken against the petitioner under section 7E for the period from July 1, 2022 to June 30, 2023”, SHC order stated.
According to the SHC order, the matter pertains to Section 7E of the Income Tax Ordinance, 2001 where this Court has already passed a detailed judgment, against which CPLAs being C.P No.1442-K to 1460-K of 2022 etc. were preferred before the Supreme Court, which petitions are pending and the counsel draws Court’s attention to page 241, where an order (dated March 22, 2023) passed by the Supreme Court of interim in nature shows that the Hon’ble Supreme Court was pleased to order that the petitioners/ taxpayers should make payment of 50% of the liability, pending adjudication of those petitions before their matter is finally heard and decided.
As per counsel, October 31 is the last day for filing Tax Returns, and in the given circumstances where the Supreme Court has provided relief of like nature for the petitioners/taxpayers for the last year subject to the payment of 50% of the liability, similar relief be extended to the petitioner for the current tax year also.
Qazi Ayazuddin Quershi, Assistant Attorney present in court waives notice, receives a copy, and extends his no objection to the disposal of the instant petition in the above terms.
SHC ordered that subject to the payment of 50 percent liability under section 7E of the Income Tax Ordinance 2001, no coercive action be taken against the petitioner under section 7E for the period from July 1, 2022, to June 30, 2023. In these terms, the instant petition stands disposed off.
