1995 P T D 676
[Lahore High Court]
Before Ahmad Saeed Awan, J
BARKAT ALI CENTRE through Abdul Hamid Khan,
Managing Partner, Lahore
Versus
GOVERNMENT OF PAKISTAN through Commissioner of
Wealth Tax, Lahore and 2 others
Writ Petition No. 13493 of 1994, decided on 27/11/1994.
Wealth Tax Act (XV of 1963)----
----S. 23---Income-Tax Ordinance (XXXI of 1979), S.92---Constitution of Pakistan (1973), Art.199---Assessment by Wealth Tax Officer ---Assessee's appeal against assessment pending adjudication before Appellate Authority-- Notice issued to assessee's Bank to transfer proceeds of assessee's Bank Account to Income Tax Department---Validity---High Court as per agreement of parties directed Appellate Authority to take assessee's appeal out of turn and decide the same within specified time---Bank was directed to transfer assessed amount to the account of Income-tax Department and assessee would not withdraw amount in question, and would undertake with the Bank as surety and after decision of appeal the demand adjudicated, by Appellate Authority would be adjusted first and then assessee be entitled to the balance of amount and to withdraw the same.
Saeed-uz-Zafar for Petitioner.
Shahbaz Butt for Respondents.
Date of hearing: 27th November, 1994.
ORDER
Learned counsel for the petitioner contends that the construction of Barkat Ali Centre was commenced during assessment year 1992-93 as the site plan was approved by the Metropolitan Corporation on 28-7-1991. The Wealth Tax Officer assessed the petitioner for the years 1989-90 to 1993-94 and raised a total demand of Wealth Tax amounting to Rs.28,58,575 and appeal against the said impugned order is pending before the Appellate Commissioner of Wealth Tax, Zone-16, Lahore. Respondent No.3 issued a notice under section 92 of the Income Tax Ordinance, 1979 directing the Manager, National Bank of Pakistan, McLeod Road Branch, Lahore to transfer the proceeds of the Bank account to the respondents. Further, contends that in spite of fart that the appeal of the petitioner is pending before respondent under section 23 of the Wealth Tax Act, 1963, the recovery of the amount in question before the adjudication of his appeal would amount to denial of justice till decision of first appeal, he should await instead of recovery from the Bank.
2. Learned counsel for the respondents agreed to the extent that the Bank authority stated that respondent No.3 has moved the Commissioner to recommend to respondent No.2 to decide the appeal out of turn but still the appeal has not been taken up. As agreed between the parties respondent No.2 is directed to take the appeal out of turn and decide within two months from the date of this order and the Bank Manager is directed that he will transfer amount of Rs.28,58,575 to the account of the respondents and the petitioner will not withdraw amount to the said tune and will undertake with the Bank as surety and after decision of the appeal by respondent No.2, the demand created by respondent No.2 will be justified first and then the petitioner be entitled to the balance of the amount to withdraw it accordingly.
In view of the consensus reached between the parties, this petition stands disposed of.
AA./B/146Order accordingly.