Case Details

Citation(s)
2009 SLG 1520 2009 SLD 1520 2009 PTD 2006 2010 PTCL 812
Lahore High Court
Writ Petition No. 6700 of 2009, decision dated: 13-04-2009.
IRFAN QADIR, J

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Messrs IBRAHIM FIBRES LIMITED through Secretary

VS

. COMMISSIONER OF Income Tax (AUDIT), LARGE TAXPAYER UNIT and 3 others

Law: Income Tax Ordinance, 2001

Section: 146

Law: Constitution of Pakistan, 1973

Section: 199

[Income Tax Ordinance (XLIX of 2001)].....Section 146-A..Constitution of Pakistan (1973), Art.199...Constitutional petition...Recovery proceedings... in case such an application was pending, department shall not effect the impugned recovery till the application for extension of time or appeal in question was finally decided...Order accordingly. ORDER IRFAN QADIR, J.---Learned counsel for the petitioner contends that notwithstanding the pendency of appeal the stay granted by the Commissioner Income Tax Appeals has lapsed. The relevant extract of the stay granting order of respondent No.2 is reproduced as under:-- "The stay shall terminate on the day the appeals are disposed of or 15 days limit completes, which ever is earlier." According to the learned counsel the main appeal was fixed for hearing on 6-4-2009 but it was adjourned on the request of…
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