Law: Income Tax Ordinance, 1979

Section: 129,129(2)

Law: Constitution of Pakistan, 1973

Section: 199

Income Tax Ordinance (XXXI of 1979)]....S. 129(2) Constitution of Pakistan (1973), Art. 199 Constitutional petition Non entertainment of appeal without payment of 15% of demand raised in assessment order Validity Petitioner was entitled to interim relief on account of huge additions made in its hand -Assessee/tax payer would be entitled to interim relief till matter stood decided at least by one appellate forum Refusing interim relief against original order would be travesty of justice and was likely to encourage raising of fabulous demands for extraneous reasons High Court allowed Constitutional petition with direction to Appellate Authority to entertain appeal without such payment. ORDER The only grievance of the petitioner appears to be the non entertainment of appeal by the first appellate forum/CIT(Appeals), Lahore without payment of 15% of the demand raised. 2. The petitioner is a listed company and is engaged in yarn spinning. As against disclosed income of Rs.4,751,556 an assessment was framed at taxable income of Rs.73938314. In the process additions were made in production accounts, sale of waste, interest disposal of fixed assets and administrative expenses. 3. Learned counsel for the petitioner states…

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