Law: Income Tax Ordinance, 2001

Section: 131,133

Income Tax Ordinance (XLIX of 2001)].....Ss.131 & 133---Reference to High Court---Powers of Appellate Tribunal to grant stay of recovery proceedings---When certain questions of law arising out of the order of Appellate Tribunal had been referred to High Court for its determination, appellate jurisdiction of Appellate Tribunal would not cease in that case as the proceedings of that appeal were under the law still pending before Appellate Tribunal until order was passed by Appellate Tribunal in appeal conformably to decision of such questions of law by High Court---Since Appellate Tribunal was not divested of its appellate jurisdiction in such cases, it had authority to grant stay of recovery proceedings. 1988 PTD 907 ref. JUDGMENT This is assessee application for stay of recovery proceedings on the following facts/grounds: "(1) That the Honble Tribunal vide a consolidated order passed on 23-12-2003 in I.T.A. No.3809/LB of 2000 and I.T.A. No.4146/LB of 2000 was pleased to confirm additions made under section 13(1)(d) at Rs.819,233 and 2065,600. (2) That the assessee submitted an application under section 133(1) of the Income Tax Ordinance, 2001 before the Tribunal requesting for referring the questions arising out of the said order to the Honble High Court. (3) That the Honble Tribunal has been pleased to partially allow the reference application and has been pleased to refer two questions to Honble High Court under section 133(1) of the Income Tax Ordinance vide order dated 28-4-2004 admitted that the same arise from the order of the Appellate Tribunal. (4) That after refusal by the Honble Tribunal, vide Tribunals order dated 28-4-2004, to refer all the questions except two to High Court, the applicant has also filed two PTR Nos.204 and 20,5 of 2004 under section 133(4) of the Income Tax Ordinance, 2401 in the Lahore High Court, Lahore which are pending adjudication in Lahore High Court. (5) That in the meantime, the respondent-Department has started recovery proceedings on the basis of order of the Tribunal dated 23-12-2000. (6) That in result of the order of the learned Tribunal, tax demand of Rs.1,126,685 has been raised against the applicant. (7) That…

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