Law:

Section:

NOTES: Minimum tax on the income of certain persons - Adjustment of minimum tax - Claim of Appellant - Disallowance by the Addl. Commissioner - Dismissal of appeal CIR(A) relying on the of Sindh High Court reported as 2013 PTD 1420 -Validity- Cases Referred: 2013 PTD 1420, I.T.A. No. 441/LB/2016 (D.G. Khan Cement Company Ltd.) THIS ORDER PASSED BY: CH. SHAHID IQBAL DHILLON, JUDICIAL MEMBER:---.--- The titled appeal has been preferred at the instance of taxpayer calling in question the impugned order dated 10.05.2016 passed by the CIR(A) Lahore. 2. The taxpayer also filed miscellaneous application for correction in stay order however, at the time of hearing the learned AR elected to not press the same. Therefore, the same is dismissed accordingly. 3. Brief facts of the case are that the while filing the return of Income for the year, the appellant claimed adjustment of minimum tax of Rs 37.028 (M) brought from tax years 2011,2012 and 2013 in terms of Section 113(2)(c) of the Income Tax Ordinance, 2001. The Additional Commissioner after finding that the adjustment claimed under section 113(2)(C) of the Ordinance was not available under the law amended the deemed order passed under section 120 (1) of the Ordinance and disallowed credit u/s 113(2)(C) of the Ordinance to the Ordinance of Rs.35.232(M). On appeal, the learned CIR(A), Zone-I, Lahore rejected the appeal of the appellant by relying solely on the judgment of Sindh High Court reported as 2013 PT D 1420. 3. The learned AR of the appellant vehemently contested the treatment meted out in the case of the appellant and argued that the Order passed by the learned CIR(A) is illegal, perverse, arbitrary, opposed to the facts and circumstances of the case. He submitted that first appellate authority has failed to apply mind judiciously and the order has been passed with a predetermined mind without properly appreciating the spirit of relevant provision of law. While arguing the case, the learned A.R apprised this court of the facts of the case as well as relevant provisions of law were also explained in detail. Before going into the legality of the claim, certain facts of the case needs to be discussed which will…

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