| Citation(s) |
|---|
| 2005 SLG 2776 2005 SLD 2776 2005 PTD 214 |
Income Tax Appellate Tribunal
I.T.A. No. 1658/LB of 2003 I.T.A. No. 2060/LB of 1993, 11/12/2003
SYED NADEEM SAQLAIN, JUDICIAL MEMBER AND, JAVED TAHIR BUTT, ACCOUNTANT MEMBER
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I.T.A. No. 1658/LB of 2003 I.T.A. No. 2060/LB of 1993, 11/12/2003
SYED NADEEM SAQLAIN, JUDICIAL MEMBER AND, JAVED TAHIR BUTT, ACCOUNTANT MEMBER
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Syed Nadeem Saqlain, Judicial Member and Javed Tahir Butt, Accountant Member
VS
I.T.A. No.1658/LB of 2003 I.T.A. No. 2060/LB of 1993, 11/12/2003
Law:
Section:
Keywords: Result: Order accordingly ORDER SYED NADEEM SAQLAIN (JUDICIAL MEMBER). -The. Revenue has come up in appeal for the Assessment Year, 2000-2001 assailing the impugned order, dated 6-1-2003 passed by the learned CIT(A), Multan. 2. Briefly, stated facts of the case are that the assessee is a public limited company running a Scheduled Commercial Bank. Assessment in the instant case for the assessment year under consideration was framed at Rs.5,62,274,992 under section 62 of the repealed Income Tax Ordinance, 1979. The assessee being dissatisfied with the order passed by the Assessing Officer preferred appeal before the learned CIT(A) who vide his order, dated 6-1-2003 had given his decision allowing various reliefs to the assessee. The department is in further appeal impugning the findings recorded by the learned CIT(A) urging the following grounds:- (1) The learned CIT(A) was not justified to delete addition of Rs.137,501,402 made on account of "interest on securities" on accrual basis in the light of C.B.R.'s letter C. No. 17(I)/1994, dated 28-5-1994 as the said interest was earned on accrual basis. (2) The learned CIT(A) was not justified to delete the additions of Rs.4.423,374 made by disallowing non-performing advance which was disallowed in view of the provisions of section 23(1)(x) of the Income Tax Ordinance, 1979. (3) The learned CIT(A) was not justified to delete the addition of Rs.22,516,853 made on account of interest on suspense a/c. (4) The learned CIT(A) was not justified to delete the addition made on F.I.Bs. In view of the specific provisions of section 18 of the Income Tax Ordinance, 1979. (5) The learned CIT(A) was not justified to delete the addition of Rs.1,897,684 made under the head cost of funds utilized in earning the exempt income as per rated cost of funds deployed in earning of exempt income was rightly added. (6) The learned CIT(A) was not justified to reduce the disallowance from 20% to 10% of the claim of expenses on account of free furnished accommodation. (7) The learned CIT(A) was not justified to delete penalties amounting to Rs.874,326 imposed by State Bank of Pakistan as the said expense was Admissible as per the…
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