Law: Income Tax Ordinance, 2001

Section: 183,183(1)

[Income Tax Ordinance (XLIX of 2001)]...... Sections 183(1),,, Appeal,.. Penalty, imposition of @ 5%,,,. Maintainability,,.Appellant's contention that the appellate order dated 30/10/2010 had already been vacated by a Division Bench of this Tribunal vide order dated 24/09/2011 in ITA No. 83/LB/2011,,,. Tribunal's view that since there being no demand recoverable from the tax-payer, therefore, there was no justification for keeping the amount of penalty intact, hence the appeal allowed and the impugned order dated 08/05/2009 and 29/05/2011 were ordered to be vacated, ORDER The appellant has come up in this further appeal having failed to convince the learned CIR(A) that the penalty imposed u/s 183(1) of the Income Tax Ordinance, 2001 (the Ordinance) was not maintainable. The learned CIR(A), however, issued directions that since original demand had been modified, therefore, the taxation officer should charge penalty at the rate of 5% on the basis of revised demand. The operative part of the impugned order reads as under: Record has been perused, it is observed that following the directions of the learned ITAT passed in ITA No.5636/LB/05 dated 17.06.2009 for the assessment year 2002-03, appeal of the appellant has been decided by my predecessor vide appellate order No.42 dated…

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