Law: Federal Excise Act, 2005

Section: 14(1), 14

  JUDGEMENT SHEET   =======================================      BABAR SATTAR, J.- This reference arises from an order of the Appellate Tribunal Inland Revenue (“Tribunal”) dated 15.08.2016. The questions framed for our consideration are as follows: Whether on the facts and circumstances of the case the Appellate Tribunal was justified to allow appeal holding that the order in original was barred by time when the order was passed within the limitation provided in section 14(1) of the Federal Excise Act, 2005? Whether a case where limitation had not expired when amendment in section 14(1) was introduced through Finance Act, 2011 effective from 01.07.2011 can be classified as past and closed transaction? The learned counsel for the applicant relied on the law laid down by the Sindh High Court in Summit Bank Limited vs. Sindh and others (2022 PTD 1279) for the proposition that to the extent that the Show-Cause Notice in terms of Section 14(1) of the Federal Excise Act, 2005, was issued                                                                                                    -2-                            Sales Tax Reference No.03/2017   within a period of five years of the relevant date, which period was extended from three years to five years by the Finance Act, 2011, the Show-Cause Notice was issued within the period of limitation from the relevant date (i.e. the relevant months of tax year 2011). This is because the enhancement of the period of limitation was introduced by law prior to the expiry of the…