| Citation(s) |
|---|
| 2016 SLG 1124 2016 SLD 1124 |
Appellate Tribunal Inland Revenue, Lahore
NEW MA(AG) No. 54/LB/2015 (Tax Year 2006), ITA No. 329/LB/2014 (Tax Year 2006), M/s. MA(AG) No. 75/LB/2015 (Tax Year 2006), ITA No. 1250/LB/2012 (Tax Year 2006), ITA No. 603/LB/2013 (Tax Year 2008), ITA No. 1966/LB/2012 (Tax Year 2009). Date of Order: 12.
MUHAMMAD WASEEM CH., JUDICIAL MEMBER AND MASOOD AKHTAR SHAHEEDI, ACCOUNTANT MEMBER
Appellant by: Mr. M. Iqbal Hashmi, Advocate & Mr. Qadeer Ahmad, ITP
Respondent by: Mr. Naveed Akhtar, DR Appellant by: Mr. Naveed Akhtar, DR
Respondent by: Mr. M. Iqbal Hashmi, Advocate & Mr. Qadeer Ahmad, ITP
NEW MA(AG) No. 54/LB/2015 (Tax Year 2006), ITA No. 329/LB/2014 (Tax Year 2006), M/s. MA(AG) No. 75/LB/2015 (Tax Year 2006), ITA No. 1250/LB/2012 (Tax Year 2006), ITA No. 603/LB/2013 (Tax Year 2008), ITA No. 1966/LB/2012 (Tax Year 2009). Date of Order: 12.
MUHAMMAD WASEEM CH., JUDICIAL MEMBER AND MASOOD AKHTAR SHAHEEDI, ACCOUNTANT MEMBER
Appellant by: Mr. M. Iqbal Hashmi, Advocate & Mr. Qadeer Ahmad, ITP
Respondent by: Mr. Naveed Akhtar, DR Appellant by: Mr. Naveed Akhtar, DR
Respondent by: Mr. M. Iqbal Hashmi, Advocate & Mr. Qadeer Ahmad, ITP
M/s. Tariq Glass Industries Limited, Lahore ..... --Appellant
VS
The CIR, Zone-III, LTU, Lahore ...... --Respondent The CIR, Zone-Ill, LTU, Lahore.... --Appellant VS M/s. Tariq Glass Industries Limited, Lahore.... --Respondent
Law: Income Tax Ordinance, 2001
Section: 158(1)(b),161,174(3),205,122(5A)
ORDER + MR. MASOOD AKHTAR SHAHEEDI, Accountant Member: Out of the titled five appeals, four appeals have been filed by the taxpayer and one has been filed by the department Besides the said appeals the appellant has also filed two miscellaneous applications whereby additional grounds have been taken This consolidated order shall dispose off all the appeals and miscellaneous applications as under: MA(AG) No.54/LB/2015 ITA No. 329/LB/2014 2. The order of CIR(A) bearing No 2 dated 02 01 2014 has been contested by the taxpayer on certain grounds. The appellant has also taken the following additional ground - "That order u/s 122(5A) of the Income Tax Ordinance, 2001 dated 02/06/2012 is barred by time and hit by limitation as Income Tax Return for the Tax Year 2006 was filed on 30-12-2006 hence order is liable to be cancelled." The ground is legal and the learned Authorized Representatives (ARs) are allowed to argue the same. 3. The ARs of the appellant/taxpayer argued that order passed u/s 122(5A) for tax year 2006 is barred by limitation He submitted that return for the year under consideration was filed on 30.12.2006 and order has been passed on 02.06.2012 i.e. after five years from filing of return The learned ARs placed reliance on the judgment of the Honorable High Court Lahore reported as 2012 PTD 424 (HC Lahore) and also on a judgment delivered by the Honorable Supreme Court of Pakistan vide Civil Petition No 1306/2014 dated 03.09.2014 The learned DR has opposed the arguments made at bar and supported the impugned orders. 4. The arguments of the parties have been considered and record perused It has been noted that this issue has been resolved by the Honorable Lahore High Court Lahore and the same has been confirmed by the Honorable Supreme Court of Pakistan, therefore, respectfully following the judgment of Superior Courts appeal as well as miscallenous application is allowed. The passed order u/s 122(5A) is hereby cancelled being barred by time. Since the appeal has been accepted on the basis of legal ground raised through miscellaneous application, therefore, there is no need to dilate upon the other grounds of main appeal MA(AG) No.75/LB/2015 ITA No.…
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