Law: Income Tax Ordinance, 2001

Section: 27,129,131(1),137,137(2),121,122,132(6)( 3),138,138A,140,143,144,161(1),162,170,1 72(3)(f),182,205,221

Law: Capital Value Tax Rules, 1990

Section: 8(2),9

ORDER SHAHID MASOOD MANZAR CHAIRMAN:---.--- Titled appeal has been filed by the taxpayer against the impugned order dated 23.06.2020 passed by the learned CIR (Appeals-II), Islamabad. A number of objections have been raised through grounds of appeal, which are as follows. That appellant is a Private limited company and engaged in the business of real estate as developer promoters. The Respondent No 3 issued show cause notice dated 03.01.2018 for payment of Capital Value Tax "CVT" for the period 2012 to 2018. The appellant filed Writ Petition against the notice in the Islamabad High Court Islamabad, which dismissed by the Hon'ble High Court vide Order dated 03.06.2019. The Appellant filed Intra Court Appeal (ICA) before the Hon'ble High Court and the same was remanded back to Respondent No. 3 for passing fresh order after opportunity of hearing vide order dated 14.10.2019. The appellant filed CPLA before the Hon'ble Supreme Court of Pakistan which is pending for adjudication. (ii) The Respondent No 3 due to non availability of restraining order by the Supreme Court of Pakistan initiated remand proceedings and issued different hearing notices which attended by the appellant along-with complete records. The Respondent No. 3 passed order DCR No. 5/17.3.2020 under section 7(8) of the Finance Act, 1989. The appellant being aggrieved and dissatisfied with the arbitrary treatment of respondent No. 2 appellant filed appeal before Respondent No. 1 who without appreciating the facts as well as legal aspect of the case snappishly dismissed the appeal. (iii) That Respondent No. 3 misdirecting himself by wrongly interpreted the Section 127 of the Income Tax Ordinance, 2001 and hold that the order passed by the Deputy Commissioner Inland Revenue under section 7(8) of the Finance Act, 1989 is not appealable before the Commissioner (Appeals). Section 127 of the Income Tax Ordinance, 2001 states that any person dissatisfied with any order passed by a Commissioner or an officer of Inland Revenue under different sections of ITO, 2001 or an order having the effect of enhancing the assessment or reducing a refund or otherwise increasing the liability of the person may prefer an…

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