| Citation(s) |
|---|
| 2016 SLG 1344 2016 SLD 1344 2016 PTD 2757 |
Appellate Tribunal Inland Revenue
I.T.As. Nos. 1159/LB and 1160/LB of 2012, decided on 27th August, 2013. Date of hearing: 27th August, 2013.
JAWAID MASOOD TAHIR BHATTI, CHAIRPERSON AND SABIHA MUJAHID, ACCOUNTANT MEMBER
Ch. M. Saleem Jahangir and Mian Mansoor Ahmad for Appellants. Muhammad Jamil Bhatti, D.R. for
Respondent.
I.T.As. Nos. 1159/LB and 1160/LB of 2012, decided on 27th August, 2013. Date of hearing: 27th August, 2013.
JAWAID MASOOD TAHIR BHATTI, CHAIRPERSON AND SABIHA MUJAHID, ACCOUNTANT MEMBER
Ch. M. Saleem Jahangir and Mian Mansoor Ahmad for Appellants. Muhammad Jamil Bhatti, D.R. for
Respondent.
M/S. NICON (PVT.) LTD., LAHORE
VS
C.I.R. R.T.O.-II, LAHORE
Law: Income Tax Ordinance, 2001
Section: 63,66A,59(1),SecondScheule,Part-1,C1.86B
Income Tax Ordinance (XXXI of 1979)- -Ss. 66A, 59(1) & Second Sched: Part-1, C1.86B-Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order-Association of person-Company-Additional Commissioner of Income Tax considered that the assessment framed under S.59(1) of the Income Tax Ordinance, 1979 on account of claiming exemption by the assessee was erroneous and prejudicial to the interest of revenue; and took action in the case of assessee, as an "Association of Persons"- Taxpayer had contended that Inspecting Additional Commissioner of Income Tax had passed order under S.66-A of the Income Tax Ordinance, 1979 in the case of "Association of Persons " and not in the case of appellant "company"; and since the base of order of the Taxation Officer was non-existent in the case of the appellant company, same was liable to be cancelled instead of setting aside the same-Validity-Order under S.66A of the Income Tax Ordinance, 1979 supported the contention of the appellant company that no order under S.66A of the Income Tax Ordinance, 1979 was passed in its case-Taxation Officer had misdirected himself in starting and finalization of proceedings under S.63 of the Income Tax Ordinance, 1979 in the case of taxpayer company-Very basis of the order under S.63 of the Income Tax Ordinance, 1979 was non-existent and liable to be cancelled and Appellate Tribunal ordered accordingly-Other grounds of appeal were not found necessary to be adjudicated by the Appellate Tribunal. 2008 PTD (Trib.) 1641; PLD 1975 Lah. 1317 and 2012 PTD (Trib.) 1032 ref. THIS ORDER PASSED BY: JAWAID MASOOD TAHIR BHATTI, CHAIRPERSON:------------------ The above titled appeals have been filed by the taxpayer for the assessment years 2000-2001 and 2001-2002 against the impugned orders by the learned CIR (Appeal-II) Lahore dated 29-06-2012. 2. The brief facts are that the appellant a Private Limited Company, derives income from the business of running a computer college. Income Tax returns were filed under section 59(1) of the Income Tax Ordinance, 1979 to declare following income/Loss by claiming exemption under clause (86B) of part 1 of the second schedule of the Income Tax…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492