| Citation(s) |
|---|
| 2026 SLG 246 2026 SLD 246 |
ITA No.597/LB/2021 (Tax Year 2014) ITA No.598/LB/2021 (Tax Year 2015) ITA No.599/LB/2021 (Tax Year 2016)
Presented By: (RAO MUHAMMAD NASIR JAMIL) Member (TARIQ IFTIKHAR AHMED) Member
Appellant by : Mr. Burhan Ahmad, FCA.
Respondent by : Ms. Shahida Nazir, D.R. Date of hearing : 16.01.2026 Date of order : 21.01.2026
M/s. MCB Bank Ltd, Lahore. ….Appellant NTN: 0700267-0
VERSUS
The CIR, Zone-I, LTU, Lahore. ….Respondent
Law: Income Tax Ordinance, 2001
Section: 161 , 205
Summary:
M/s Pakistan Railways rendered AC sleeper, AC parlor, and first-class train services (2001–2005), allegedly under-declaring ticket sales, resulting in CED evasion of Rs. 61.42 million, with surcharge and penalty. Show cause notices were issued under Sections 11(2) & 36 STA 1990, without invoking CEA 1944 or FEA 2005. Appellant argued recovery under repealed CEA 1944 is illegal in absence of a saving clause, SCNs are defective, and limitation was misapplied. Tribunal, after considering Section 6 GCA 1897 and Article 264 Constitution, held that CED liability survives repeal but proceedings must follow the repealed law, not STA 1990. Defective SCNs, failure to reconcile amended Abstract-X, and misapplied limitation rendered previous orders void. Appeal allowed; lower orders annulled.
Tagline: “Recovery of CED under a repealed law must follow the repealed enactment; defective SCNs and limitation breaches void assessments.â€
ORDER;