| Citation(s) |
|---|
| 2022 SLG 458 2022 SLD 458 2022 PTCL 145 (2023) 127 TAX 186 |
Appellate Tribunal Inland Revenue
I.T.A. No. 812/IB/2021 (Tax Year 2014), Date of Hearing& Order: 17.02.2022
PRESENT: M. M. AKRAM, JUDICIAL MEMBER, MUHAMMAD IMTIAZ, ACCOUNTANT MEMBER
Petitioner(s) by: Mr. Mazhar Arshad, ACA.
Respondent(s) by: Mr. Hayat Khan, DR
I.T.A. No. 812/IB/2021 (Tax Year 2014), Date of Hearing& Order: 17.02.2022
PRESENT: M. M. AKRAM, JUDICIAL MEMBER, MUHAMMAD IMTIAZ, ACCOUNTANT MEMBER
Petitioner(s) by: Mr. Mazhar Arshad, ACA.
Respondent(s) by: Mr. Hayat Khan, DR
M/s National Highway Authority, 28, Mauve Area, Sector G9/1, Islamabad.
VS
Commissioner Inland Revenue, CTO, Islamabad.
Law: Income Tax Ordinance, 2001
Section: 34(3),34(5),120,120(1)(b),122,122(2),122 (4),122(5A),122(9),214A
Law: Federal Excise Act, 2005
Section: 43
Law: Sales Tax Act, 1990
Section: 74
INCOME TAX ORDINANCE, 2001 (XLIX OF 2001) Sections 108,119 214A Where it requires extension of time in a particular situation the legislature used the expression “extension of time limit” and where any act or thing is to be done in a particular time that has been lapsed then the statute has used the expression “condonation of time limit”.- Legislature has used the expressions “extension of time limit and “condonation of time limit under a different context in the Ordinance. Therefore, it cannot be said or called that these are synonymous expressions. For instance, section 108(5) of the Ordinance expressly uses the expression “extension of time limit” that gives power to the Commissioner IR to grant the taxpayer an extension of time for furnishing documents or information. Similarly, section 119 of the Ordinance confers power to the Commissioner IR and the Chief Commissioner for extension of time for furnishing of the income tax return. The expression “condonation of time limit” has only been used in section 214A of the Ordinance. Thus, the intent of the legislature is clear that wherever it requires the extension of time in a particular situation the legislature has specifically used the expression “extension of time limit” and where any act or thing is to be done in a particular time that has been lapsed then the statute has used the expression “condonation of time limit”. The competent authority cannot suo moto extend the time limit or condone the delay without an application by any person. Sections 119 214A The expressions “extension of time limit” and “condonation of time limit” are used in the statute in a different way and intent. Sections 120 122 Where the proceedings were initiated after the expiry of the statutory time contemplated in Section 122(2), a vested right has been created in favour of appellant with the deemed order passed under Section 120(1)(b) which attained finality.- The proceedings were initiated on 22.12.2020 after the expiry of the statutory time contemplated in section 122(2) of the Ordinance. Therefore, the case of the appellant even otherwise does not cover in the letter/notification dated 30.06.2020 issued by the FDR as there were…
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