| Citation(s) |
|---|
| 2021 SLG 48 2021 SLD 48 |
Case No: Tax Reference No. 48 of 2011, Date of hearing 09.02.2015.
SHAHID, JAMIL KHAN, JUSTICE MUHAMMAD FARRUKH IRFAN KHAN, JUSTICE
Applicants by: Agha Muhammad Akmal Khan, Advocate for applicants in T.R. Nos. 48 & 49 of 2011. Syed Khalid Javaid Bukhari, Advocate for applicants in T.R. Nos. 26 to 41 of 2009.
Respondents by: Mian Abdul Basit, Advocate for respondents in T.R. Nos. 48
COMMISSIONER INLAND REVENUE.
VS
M/S CHICAGO METAL WORKS.
Law: Income Tax Ordinance, 2001
Section: 120,122,122A,133(5),170(1),170(2),170(3) ,170(3)(c),171(1),171(2)(c),177,214C
Law: Constitution of Pakistan, 1973
Section: 7
JUDGMENT
SHAHID JAMIL KHAN, JUSTICE:---.---
This judgment shall also decide connected Tax References, detailed at bottom of this judgment, as common legal proposition is proposed, for expression of this court, in all reference applications filed by Department.
Appellate Tribunal Inland Revenue (“Appellate Tribunal”), in its orders under consideration, has dealt with the issue regarding additional payment for delayed refund, under Section 171 of the Income Tax Ordinance, 2001 (“Ordinance”). The issue was decided through an elaborate order dated 05.03.2009 (in most of the appeals), ratio of which was followed in subsequent orders. Appellate Tribunal concluded that refund becomes due on the date when order under Section 120 is taken to have been issued by the Commissioner, operative part from the order is reproduced for ease of reference:-
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