Case Details

Citation(s)
2017 SLG 1156 2017 SLD 1156
Appellate Tribunal Inland Revenue, Lahore
ITA No. 751/LB/2015 (Tax Year 2009), ITA No. 752/LB/2015 (Tax Year 2010), Date hearing: 30.05.2017, Date of order: 13.06.2017
QAMAR-UL-HAQ BHATTI, JUDICIAL MEMBER, MASOOD AKHTAR SHAHEEDI, ACCOUNTANT MEMBER
Appellant by: Mr. Raza Ahmad Cheema, Advocate.
Respondent by: Mr. Masood Aslam, DR. Appellant by: Mr. Raza Ahmad Cheema, Advocate.
Respondent by: Mr. Masood Aslam, DR.

M/S. Akka Paper Products (Pvt) Ltd., Lahore .. --Appellant

VS

The CIR, RTO, Lahore ... --Respondent

Law:

Section:

ORDER These titled appeals have been preferred at the instance of the appellant-taxpayer against the consolidated order vide Nos.60 & 61 dated 24.12.2014, passed by the learned CIR(Appeals), pertaining to tax years 2009 and 2010. 2 Brief facts of the case are that the appellant is a private limited company derives income manufacturing of Other Article of Paper and Paper Board. The taxpayer e-filed its income tax returns for the tax years 2009 and 2010. The taxpayer being a prescribed person within the meaning of section 153(7) of the Income Tax Ordinance, 2001 ('Ordinance'), was liable to make tax deduction at the time of making payments and submit statements u/s 165 in the prescribed manner, in order to verify compliance level to the withholding provisions, notice u/s 161/205 were issued for compliance on 11.11.2013. In response thereto, the AR of the taxpayer filed reply in detailed. The assessing officer after going through the details submitted by the AR, framed assessments u/s 161/205 of the Ordinance, for the years 2009 and 2010 by creating a tax demand of Rs.1,286,539/- and Rs.1,857,902/- respectively. 3. The appellant-taxpayer being aggrieved with the treatment by the assessing- officer filed appeal before the learned Is), who confirmed the additions made by the assessing e appellant being still dissatisfied with orders of the authorities below has come up in app taxpayer has challenged the orders of the learned CIR(Appeals) by taking separate grounds for each year. Appeals are disposed off accordingly. Tax Year 2009: i). Raw Material: 4 On the issue of raw material, it is contested by the learned AR that the assessing officer has unjustifiably and illegally charged tax u/s 161 without issuing a specific show cause notice u/s 161(1A) confronting the discrepancies detected from die record as furnished by the appellant to him. It is further argued that returns of income were specifically provided of those taxpayers from whom the taxpayer had made the purchases to show that they had discharged their tax liability but the assessing officer charged tax on payments made to the said taxpayers which is against the provisions as contained in sub-section (1B)…
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