1994 PTD 584

I.TA S. NOS. 2400/KB AND 2401/KB OF 1991-92 AND MA. (STAY) NO.59/KB AND 60/KB OF 1993 Versus I.TA S. NOS. 2400/KB AND 2401/KB OF 1991-92 AND MA. (STAY) NO.59/KB AND 60/KB OF 1993

Citation1994 PTD 584

CourtIncome Tax Appellate Tribunal

ORDER

MUHAMMAD MUJIBULLAH SIDDIQUI (JUDICIAL MEMBER).- -By above application the applicant has sought stay of recovery of proceedings.

2. Heard Mr. Muhammad Farogh Nasim, learned counsel for the applicant and Mr. Ali Nasir Bukhari, learned representative for the Department. Mr. Farogh Nasim has submitted that a total demand of Rs.17,34,915 was created in the assessment year 1986-87 out of which there is an outstanding demand of Rs.05,97,954 while in the assessment year 1988-89 the total demand was created at Rs.10;95,329 out of which the demand outstanding at present is Rs.8,49,685. He has submitted that the department has attached three properties of the applicant as follows:

(1) Residential House No. 26/C, Block-6, Federal-B, Area, Karachi.

(2) House at Katchi Gali No.3.

(3) Godown at Britto Road, Karachi.

3. Mr. Farogh Nasim has further submitted that in addition to the attachment of properties as above the department has issued show cause notice as to why the applicant should not be committed to civil prison. The department has further freezed bank account of the applicant with the Habib Bank Ltd. Napier Road Branch, Karachi. Mr. Farogh Nasim has submitted that the applicant undertakes not to dispose of his three properties which have already been attached by the department and, therefore, till the disposal of appeal the department may be restrained from auctioning the properties, arresting the applicant and the bank account may be released so that the applicant may continue with the business by taking overdraft from the bank. The request made by the learned counsel for the applicant appears to be reasonable and, therefore, it is directed that the three properties attached by the department shall continue to be attached but the properties shall not be auctioned or sold till the disposal of appeals. The applicant shall not be arrested and the bank account of the applicant with the Habib Bank Limited. Napier Road, Branch, Karachi shall stand released so that the applicant may continue with his business activities.

4. The stay applications stand disposed of as above.

M.B.A./18/T.T Order accordingly.