Law: Income Tax Ordinance, 2001

Section: 21(n),22,22(15),23,24,177,122,122(1),122 (5A),122(9)

Law: Contract, Act, 1872

Section: 23

Law: Transfer of Property Act, 1882

Section: 10

Law: Punjab Pre-emption Act, 1991

Section: 2(a),2(b)

ORDER M. M. AKRAM (JUDICIAL MEMBER): The titled appeals have been filed by the appellant taxpayer against the Appellate Orders Nos.323, 324, 327 328/2023 all dated 01.02.2023 passed by the learned Commissioner Inland Revenue (Appeals-I), Islamabad for the tax years 2018 to 2021 respectively on the grounds as set forth in the memo of appeals. The facts of the case and the issues involved in all these appeals are similar, therefore, these appeals are being decided through this common order. 2. The brief facts culled out from the record are that the returns of income for tax years 2018 to 2021 were e-filed by declaring the following results; Amounts in Rs 2018 2019 2020 2021 Taxable Income/(Loss) (5,424,006,766) (2,186,728,053) (2,337,417,078) (1,398,027,884) The case of the appellant taxpayer was selected for audit under section 177 of the Income Tax Ordinance, 2001 (“the Ordinance”) for the tax year 2018. The audit proceedings culminated in the issuance of a show cause notice dated 02.04.2021 under section 122(1) read with section 122(9) of the Ordinance. In compliance, the appellant submitted its reply. In respect of tax years 2019, 2020, and 2021, notices dated 15.03.2022, 11.05.2022, and 11.05.2022 respectively under section 122(5A) were issued by the Additional Commissioner Inland Revenue (Add CIR). The order under section 122(1)/(9) for tax year 2018 was issued on 27.05.2021 by the DCIR, whereas Orders under section 122(5A) for tax years 2019, 2020, and 2021 were issued on 25.04.2022, 01.05.2022 and 01.05.2022 respectively (collectively referred to as the “impugned Orders”). According to these orders, an addition was made to total income on account of Tax Depreciation on concession assets for tax years 2018 to 2021. Addition on account of Operation Maintenance cost and Management Fee was made only in the total income for tax year, 2018. A summary of these additions is tabulated below:- 2018 2019 2020 2021 Additions Tax Depreciation 5,144,728,033 1,703,169,881 1,566,439,226 1,419,680,457 Operation Maintenance Cost Management Fee 319,003,093 - - - Total Income/(Loss) assessed. 41,007,480 (481,097,657) (831,123,777) 1,652,574 Feeling aggrieved, the appellant…

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