| Citation(s) |
|---|
| 2013 SLG 187 2013 SLD 187 |
Appellate Tribunal Inland Revenue
I.T.A. No. 678/LB/2011 (Tax Year 2006) NTN 1295871, hearing DATE 07.05.2013
MR. NAZIR AHMAD, JUDICIAL MEMBER AND MR. MUHAMMAD AKRAM TAHIR, ACCOUNTANT MEMBER
Appellant by Mr. Faisal Kamoh, Advocate.
Respondent by Mr. Muhammad Tahir, DR
I.T.A. No. 678/LB/2011 (Tax Year 2006) NTN 1295871, hearing DATE 07.05.2013
MR. NAZIR AHMAD, JUDICIAL MEMBER AND MR. MUHAMMAD AKRAM TAHIR, ACCOUNTANT MEMBER
Appellant by Mr. Faisal Kamoh, Advocate.
Respondent by Mr. Muhammad Tahir, DR
M/s. Pak Hero Indus. (Pvt.) Ltd.
VS
The CIR, LTU, Lahore
Law: Income Tax Ordinance, 2001
Section: 161,161,205(3)
[Income Tax Ordinance (XLIX of 2001)].,,Sections 161, 205(3),, Return,, An amount of Rs. 2,064,427/- was shown as tax deducted as source but not deposited in the Government Treasury within 7 days from the date of deductions,, Show-cause Notice,, Assessment,, Addition,.. Appeal, rejection of, hence the instant appeal,.. The tax-payer furnished an affidavit, wherein he stated on solemn affirmation that appeal before the first appellate authority was not withdrawn and that finding of the learned CIR (A) was based on some misunderstanding,, The tribunal set the aside the impugned order and remanded the case back,, JUDGMENT The above titled appeal at the instance of the taxpayer has been directed against the appellate order dated 18.03.2011 recorded by CIR (Appeals-I), Lahore, whereby confirmation of order passed u/s 161/205 of the Income Tax Ordinance, 2001 (hereinafter called the ordinance) has been agitated. 2. The facts in brief emanating from record are that the taxpayer is a private limited company. As per audited accounts furnished with the return for the tax year under consideration, it was observed by the taxation officer that that the taxpayer/appellant had shown an amount of Rs.2,064,427/- as tax deducted as source but not deposited in the Government Treasury within seven days from the date of deductions. Therefore, proceedings were initiated by way of issuance of notice u/s 161/205(3) of the Ordinance requiring the taxpayer to provide proof of tax deposited in the Treasury but remained uncomplied with, which compelled the taxation officer to pass order u/s 161/205 of the Ordinance dated 27.04.2010. Feeling aggrieve, the taxpayer preferred appeal before CIR(Appeals-I), Lahore, which was rejected as per finding given below:- "In response to the call notices Mr. Tipu Sultan, ITP appeared on behalf of the appellant company. Dr. Ishtiaq Ahmed, CIR, LTU, Lahore represented the Department. At the time of hearing the learned AR did not press the appeal. Appeal therefore, stands…
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