Law: Income Tax Ordinance, 2001

Section: 131,131(5)

Income Tax Ordinance (XLIX of 2001)-----S. 131---Appeal to Appellate Tribunal---Extension of stay order---Scope---Appellant sought extension of stay against recovery of tax demand---Validity---Tribunal had already granted stay to the appellant for aggregated period of 360 days in portions---There was no change in facts and circumstances of the case as were prevailing earlier---Main appeal was pending before the Tribunal and there existed special circumstances---Appellate Tribunal granted stay order to provide temporary relief to the appellant from 'undue hardship' till disposal of main appeal. 2016 PTD 1702 ref. Messrs Holmore Power Generation Company Ltd. v. Deputy Commissioner, I.R and others (W.P.No.2608 of 2018) rel. ORDER ON STAY APPLICATION HABIB ULLAH KHAN, ACCOUNTANT MEMBER.----By this order, we intend to dispose off above titled miscellaneous application moved by the appellant wherein extension of stay against the recovery of tax demand has been requested which is the subject matter of the appeal bearing ITA No.345/KB/2021, pending before this Tribunal. 2. The learned A.R of the appellant has contended that under the facts and circumstances of the case, this Tribunal had already granted stay for a total of 360 days in different stay orders and latest of which has been expired on 23-03-2022. He further added that if stay is not granted, the appellant shall suffer irreparable loss. He has submitted that the provisions of Section 131(5) of the Income Tax Ordinance, 2001 is directory and not mandatory in nature and the Tribunal is duly empowered to grant stay for more than 180 days. In support of his contention, the learned AR has relied upon the case reported as 2016 PTD 1702 [Islamabad High Court] and unreported case bearing M.A. (Stay) Ext. No.726/KB/2017, MA(Stay) No.1242/KB/2018 dated 13-07.2018, MA (Stay) Nos.1213 to 1216/KB/2018 dated 09-07-2018. Finally, he prayed that the stay already granted by this Tribunal may please further be extended. He has further submitted that the appellant has a prima facie good case with every likelihood of success. 3. On the other hand, learned DR strongly opposed further stay. 4. We have heard the arguments of…

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