Case Details

Citation(s)
2025 SLG 3042 2025 SLD 3042 = (2025) 132 TAX 82
Lahore High Court
STR No.77498 of 2022 decided on 26.09.2023
Present: Muhammad Sajid Mehmood Sethi and Asim Hafeez, JJ.
Syed Zain-ul-Abidien Bokhari, Advocate for the Applicant- department. Mr. Waseem Ahmad Malik, Advocate assisted by Ms. Najia Noreen Maitla, Advocate for respondent-taxpayer.        Date of hearing: 26.09.2023

COMMISSIONER INLAND REVENUE,  Legal-Zone-LTO, Lahore

VERSUS

M/S RASOOL NAWAZ SUGAR MILLS LTD

Law:

Section: 2(34), 11, 33, 34 , 47

 

SALES TAX ACT, 1990 (VII OF 1990)

Sections: 2(34), 11, 33, 34 & 47 - Assessment of tax and recovery of tax not levied or short levied or erroneously refunded - Definitions - Offences and penalties - Default surcharge - Failure to file income tax return by the petitioner - Levy of tax, default surcharge and penalty - Confirmation by CIR(A) - Grant of amnesty from penalty u/s 33 and default surcharge u/s 34 by Appellate Tribunal - Reference to High Court - 

FACTS

This Sales Tax Reference Application under section 47 of the Sales Tax Act,

1990 (“Act, of 1990”) arises out of order dated 21.06.2022, whereby Appellate Tribunal Inland Revenue, Lahore Bench, Lahore (Appellate Tribunal) allowed Sales Tax appeal, preferred by the registered person, and set-aside the orders concurrently passed by the Commissioner Inland Revenue (CIR) and CIR (Appeals).

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