ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.T.R.A. No.114 of 2018

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

FRESH CASE:

1. For order on CMA No.132/2018 (Exemption).

2. For hearing of main case.

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11^th March 2021

Dr. Shahnawaz, Advocate for Applicant.

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1. Exemption granted, but subject to all just exceptions.

2. Through instant Reference Application, the applicant has proposed seven (7) questions set to have arisen from the impugned order passed by the Appellate Tribunal Inland Revenue in the instant case and after having read out the proposed questions, learned counsel for the applicant submits that the applicant will press Questions No.1 and 7 only, which according to learned counsel, are questions of law arising from the impugned order dated 24.02.2018 passed by Appellate Tribunal Inland Revenue of Pakistan, Karachi Bench, Karachi in STA No.862/KB of 2014 [Tax Year 2011], for opinion of this Court:-

“i) Whether on facts and circumstances of the case, the learned ATIR was justified to hold that once the order is annulled by the CIR (A) fresh proceeding cannot be initiated on the basis of original return filed u/s. 120(1) of the Income Tax Ordinance, 2001, despite the fact that this principle is already settled in favor of revenue.

ii) Whether on facts and circumstances of the case, the learned ATIR was justified to vacate the order and delete the demand related to un-explained investment despite the fact that the learned ATIR was competent enough to conduct factual inquiry before granting full-fledged relief to the taxpayer of permissible.”

Let pre-admission notice be issued to the respondent in respect of the aforementioned questions, to be served through first three modes, for a date to be fixed after four weeks.

J U D G E