Law: Income Tax Ordinance, 2001

Section: 130,138(1)

INCOME TAX ORDINANCE, 2001 (XLIX OF 2001)---Sections: 130 & 138(1) - Recovery of tax out of property and through arrest of taxpayer - Recovery of tax demand - Coercive measures - Stay application along with appeal - Grant of stay - Prayer for – FACTS Through miscellaneous application for stay, the appellant/taxpayer has requested to grant of stay, against recovery of tax demand which is subject matter of appeal pending before Tribunal. ARGUMENTS Learned counsel for the appellant/taxpayer submitted that the order passed by the taxation authorities below is unjust and improper, therefore, any coercive action for effecting recovery of assessed amount against the appellant/taxpayer would be equally unjust and improper. The learned DR. on the other hand strongly opposed the grant of stay. The learned DR contended that the taxpayers have been assessed in accordance with law therefore, are liable to pay the amount determined as outstanding against the taxpayer. The learned D.R prayed for dismissal of stay application. DECISION Stay granted subject to deposit of 50% of tax liability in Govt. Exchequer - In pursuance of the order of Hon’ble Supreme Court of Pakistan, at this stage without touching the merits of the case, we deem it appropriate to grant stay against the recovery of impugned demand subject to deposit of 50% (Fifty Percent) of the impugned demand/tax liability in Govt. Exchequer. The stay granted shall be effective after filing of receipt of deposit of said amount in this court and will remain effective till decision of main appeal i.e. pending before this tribunal. The department is hereby restrained for taking any adverse action for recovery of impugned demand till decision of the main appeal, pending before this Tribunal. Case Referred to: M/s. DG Khan Cement Company Limited and another v. The Federation of Pakistan thr. Secretary Revenue Islamabad and others C.P. No.1529/2020 dated 26.11.2020. ORDER MRS. RASHIDA SIDDIQUA, JUDICIAL MEMBER:---.--- Through above mentioned miscellaneous application for stay, the appellant/taxpayer has requested to grant of stay, against recovery of tax demand which is subject matter of appeal bearing ITA No.788/KB/2022…

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