Law: Income Tax Ordinance, 2001

Section: 131

[Income Tax Ordinance (XLIX of 2001)]..........Section 131, ,,. Tax demand,, Recovery,, Challenged for suspension of recovery before CIR(A), same was pending for adjudication,, Application for grant of stay, rejected, hence the instant application,, The Tribunal observed that the applicant had prima-facie an arguable case, therefore, the order of the learned CIR(A) was annulled, recovery proceedings were stayed for a period of 15 days and learned CIR(A) was directed to dispose of the appeal in question within the period of 45 days,, ORDER The taxpayer through the titled appeal has assailed the order dated 27.06.2013 passed by the learned CIR(A) whereby he has refused to grant the stay against recovery of tax demand whereas the miscellaneous application has been preferred for suspension of the recovery proceedings initiated by the department pertaining to the tax year 2008. 2. The learned AR submitted that a tax demand of Rs.85,59,645/- was created by the Taxation officer vide order dated 08.06.2013 which was challenged in first appeal before the learned CIR(A), Zone-III, Lahore and is still pending for adjudication there. Further stated that during the pendency of appeal the department has initiated the recovery proceedings and has started coercive measures to recover the disputed tax demand, therefore, an application for grant of stay was filed before the first appellate authority who vide order dated 27.06.2013 rejected the same. The learned counsel for the applicant vehemently contended that the taxpayer has a good arguable case and…

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