Law: Income Tax Ordinance, 2001

Section: 182(1),182(1A)

ORDER QAMAR-UL-HAQ BHATTI (JUDICIAL MEMBER): Through this miscellaneous application, a request has been made at the instance of the taxpayer on the ground that the order rendered by the Appellate Tribunal Inland Revenue in this case by virtue of its order dated 19-05-2017 bearing ITA No 466/LB/2017 may be recalled/rectified on the following grounds The Honorable Bench while deciding the appeal mistakenly ignored the facts of the case and decision announced in the Court Room. The following facts narrate as under along with merit of the case:- a. That during the hearing, AR of the assesse argued that return as well as statements u/s 165 of Nil income were filed for the year as no business was done during the said year. b. That the Penalty proceedings are not applicable when no income or loss was declared or assessed. High Court Judgments were also produced before your honor. Copies of same judgments arc enclosed. c. That DR also accepted our contention in the court room. d. That your honor announced the deletion of the entire imposed penalty of Rs. 14,82,500/- and curtail it to the minimum of Rs 10,000/- u/s 182(1A). 2 The learned AR. Appearing on behalf of the taxpayer/applicant for hearing, reiterated the submissions as already made in the grounds of application and appeal. He added that the impugned order of this Tribunal was defective which calls for rectification of the order. Learned DR has opposed the application with the contention that all the grounds have been discussed at depth by the Tribunal and no legal or factual force was found in the contentions of the AR. 3. We have gone through the facts of the case and carefully considered the contention of both the rival parties at bar. We have observed that some of the contentions raised by the learned AR have inadvertently escaped the attention of the Bench while passing the order. Therefore, in the interest of justice the order passed by the ATIR dated 19-05- 2017 bearing ITA No 466/LB/201 7 is recalled. 4 The learned AR stated that out standing tax demand was created by the taxation officer by imposing higher rate of penalty Rs. 2,500/- per day instead of minimum penalty of Rs. 10,000/- for non-filing of…

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