Case Details

Citation(s)
2017 SLG 184 2017 SLD 184
Appellate Tribunal Inland Revenue, Lahore
MA (R) No. 610/LB/2015, MA No. 611 /LB/2015, MA No. 612/LB/2015, Date of hearing: 26.08.2016, Date of Order: 23.01.2017
CH. SHAHID IQBAL DHILLON, JUDICIAL MEMBER, RAANA AHMAD, ACCOUNTANT MEMBER
Appellant by: Mr. Naveed Akhtar, DR
Respondent by: Mr. Farhun ul Haq, AR

THE CIR, LTU, LAHORE ...... --Appellant

VS

M/S. IBRAHIM FIBRES (PVT.) LTD., LAHORE ..... --Respondent

Law: Income Tax Ordinance, 2001

Section: 120,122(5A),131,131(5)

THIS ORDER PASSED BY: RAANA AHMED (ACCOUNTANT MEMBER):---.---- 1. Titled misc. applications have been filed by the department seeking recall of ATIR earlier order dated 22-10-2015 to vacate unlimited stay granted against the recovery of Government dues. 2. The facts of the case are that the taxpayer, a private limited company, derives income from manufacturing and sale of polyester staple fiber. This deemed assessment order u/s 120 for tax year 2010 was amended u/s 122(5A). Being aggrieved, the taxpayer filed appeal before the Commissioner Inland Revenue (Appeals) which has not yet been decided. In the meanwhile, the taxpayer/respondent also filed application for grant of stay against recovery of the said tax demand The learned CIR(A) vide ids order dated 19.08.2015 rejected the stay application. The taxpayer/respondent filed appeal against for grant of stay against the said tax demand before the learned who vide order dated 22.10.2015 held that sub-section 5 of section 131 of the Income Tax Ordinance, 2001 barred the ATIR to allow stay against…
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