1. After arguing the matter at some length, learned counsel for the petitioner submits that the petitioner, will not press instant petition and will avail the remedy against the impugned order dated 17.12.2014, whereby, exemption earlier granted to the petitioner from withholding of tax under section 152 of the Income Tax Ordinance, 2001, has been withdrawn by the Commissioner Inland Revenue, by filing a Revision in terms of section 122 A of the Income Tax Ordinance, 2001, whereas, the petitioner will also file a representation before the concerned Commissioner seeking similar exemption in terms of section 153(4) of the Ordinance, 2001 pursuant to the treaty between Pakistan and China. However, it has been prayed by the learned counsel that the respondents may be directed to pass appropriate order thereon, after providing opportunity of being heard to the petitioner within a reasonable time, and till then, respondents may be restrained from taking any adverse action against the petitioner pursuant to impugned withdrawal of the exemption by the Commissioner, IR.
2. Learned counsel for the respondents duly assisted by the Additional Commissioner, Zone-III, LTU, Karachi, does not oppose the disposal of the instant petition in the aforesaid terms.
3. Accordingly, by consent, instant petition is being disposed of with the directions to 'the petitioner to seek remedy as may be available under law including by filing Revision under section 122-A or section 122-B of the Income Tax Ordinance, 2001 before the, Commissioner or Chief Commissioner, IR as the case may be, within ten (10) days from the date of this order, whereafter, the Commissioner/ Chief Commissioner, IR shall pass speaking order after providing opportunity of being heard to the petitioner within two weeks from the date of hearing, to the petitioner. The petitioner is also at liberty to approach the concerned Commissioner Inland Revenue seeking exemption under section 153(4) of the Ordinance, 2001, within ten days from the date of this order, whereafter, Commissioner shall also pass a speaking order within two weeks from the date of hearing, after providing opportunity of being heard to the petitioner. However, in the meanwhile, the respondents shall not draw any adverse inference pursuant to withdrawal of exemption through impugned order dated 17.12.2014 till disposal of such Revision or claim of exemption by the Commissioner IR.
4. Petition stands disposed of in the above terms along with listed application.