Islamabad High Court (IHC) has imposed an adjournment cost of Rs. 5,000 on the Federal Board of Revenue (FBR) for the non-appearance of the FBR officials on the date of the hearing.
The case is related to the non-payment of a refund despite the order of the Appellate Tribunal Inland Revenue.
The IHC would double the cost on the FBR in case of non-appearance on the next date of hearing. The case has been relisted for November 15, 2023. In this regard, the IHC has issued a directive to the FBR Chairman in the matter of writ petition 4387 of 2023 filed by a technology company.
Through the instant petition, the petitioner company seeks to challenge the legality and validity of the refusal/failure by the Federal Board of Revenue (FBR), in spite of the repeated requests and reminders sent by the Petitioner Company to the FBR, to refund to the Petitioner Company the sum of Rs. 647,487,650.
The refund amount was due in compliance with the Order of the Appellate Tribunal Inland Revenue, Islamabad Bench, Islamabad (“Appellate Tribunal”) passed in the Income Tax Appeal (for Tax Year 2016).
Learned counsel for the FBR is not present on the date of the hearing and the case cannot proceed further for that reason. FBR is liable to pay an adjournment cost of Rs 5,000/- each to the counsels for the petitioner as we, as for respondent no.3 (OGDCL).
ln case of nonappearance on the next date of hearing, the costs would be doubled, or the court may proceed to hear and decide the case on the basis of the available record, IHC order said.
The counsel for OGDCL has requested for OGDCL’s presence to be dispensed with as it is only a proforma respondent.
The counsel for the petitioner did not object initially, but while the order was being dictated, halfway through he changed his mind and said that he wanted to have OGDCL present in court because the refund dispute has led OGDCL to withhold further payments due to the petitioner. Accordingly, the OGDCL’s presence is not dispensed with.
The parties are directed to file their statements of the costs of litigation under section 35 CPC before the next date of hearing, IHC order added.
