KARACHI: The Sindh High Court (SHC) dismissed an income tax reference petition filed by Commissioner Inland Revenue Zone-I, Regional Tax Office Sukkur against M/s Ranipur CNG Station Ranipur over recovery of disputed amount to Rs119,688,985.
A two-member bench, headed by Justice Aqeel Ahmed Abbasi announced the judgment and observed that “we are of the opinion that impugned order passed by Appellate Tribunal Inland Revenue in the instant case, does not suffer from any error and illegality, which otherwise depicts correct legal position, accordingly, instant reference application having devoid of any merits is hereby dismissed”.
Earlier, counsel for the applicant stated that assistant commissioner Inland Revenue Audit-IV, Khairpur issued various letters/notices including notice under section 122 (9) and show cause notice to the taxpayer in order to explain his position regarding investment made in CNG Station and on failure to justify his position, the same issued notice to the taxpayer for recovery of Rs119,688,985.
Being aggrieved, taxpayer filed an appeal before commissioner Inland Revenue Appeals which annulled impugned order, therefore, tax department filed an appeal before appellate tribunal against the said order, and however, Appellate Tribunal also dismissed its appeal.
Citing M/s Ranipur CNG Station Ranipur as respondents, he pleaded the court may set aside impugned judgment and restore its order.