| Case ID |
223945f2-ab0c-495b-b845-8dfa7a2eef52 |
| Body |
View case body. Login to View |
| Case Number |
I.T.A. No.79/PB of 2008 |
| Decision Date |
May 21, 2009 |
| Hearing Date |
|
| Decision |
The Income Tax Appellate Tribunal has determined that the refund claimed by the assessee should be issued based on the deemed assessment order under section 120(1)(b) of the Income Tax Ordinance, 2001. The Tribunal found that the Taxation Officer's rejection of the refund application was invalid, as the application was filed within the prescribed time frame and was substantiated by acknowledgment receipts. The Tribunal emphasized that genuine refunds cannot be withheld by the department and highlighted the importance of timely issuance of refunds as per the law. The annulment by the L/C.I.T.(A) did not provide a conclusive finding on the refund entitlement, necessitating the Tribunal to decide the matter directly. The ruling reinforces the principle that delays beyond the statutory periods for tax matters adversely affect the rights of the taxpayer. |
| Summary |
The case revolves around the procedural aspects of tax refund applications under the Income Tax Ordinance, 2001. The Income Tax Appellate Tribunal's ruling emphasizes the significance of adhering to statutory time limits for processing refund requests. The assessee, a private limited company engaged in the manufacturing and sale of plastic mats, faced challenges in obtaining a refund for excess tax deducted at source. The Taxation Officer's rejection of the refund application, citing limitations, was contested. The Tribunal ultimately ruled that genuine refund claims should be honored to uphold taxpayer rights and ensure compliance with legal provisions. This case serves as a critical reference for understanding tax refund procedures and the implications of administrative delays in tax matters, highlighting the need for efficiency in the tax administration process. |
| Court |
Income Tax Appellate Tribunal
|
| Entities Involved |
Pfizer Laboratories (Pvt.) Ltd.
|
| Judges |
JAVID IQBAL, JUDICIAL MEMBER,
MRS. ABIDA ALI, ACCOUNTANT MEMBER
|
| Lawyers |
Not available
|
| Petitioners |
Not available
|
| Respondents |
Not available
|
| Citations |
2010 SLD 2129 = 2010 PTD 582
|
| Other Citations |
PLD 1998 SC 64,
2008 PTD (Trib.) 320
|
| Laws Involved |
Income Tax Ordinance (XLIX of 2001)
|
| Sections |
170(2)(c),
120(1)(b),
170(4),
170(5)
|