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CENTRAL POWER GENERATION COMPANY LTD., GUDDU versus C.I.R. (APPEALS-III), KARACHI


Sections 49 (4), 113, 221, 122 (5), 120 (1), 2 (64), 9 and Second Schedule, Part IV, CL11A, Federal Government, Provincial Government, and Local Government Taxes Income tax year 2006 was a turnover taxpayer company obtained by the federal government receiving income from the sale of electricity and turnover tax under section 113 of the Income Tax Ordinance 2001 was started on this basis. That action was initiated to restore the Income Tax Order. The return order was not paid under section 221 of the Income Tax Ordinance 2001; the first appellate authority had initiated a new proceeding under section 122 (1) / 122 (5) of the Income Tax Ordinance 2001 and the demand was made. Had ordered The turnover tax was approved by the appellate authority before the taxpayer company owned and controlled the federal government and imposed tax on income tax year 2007 on section 49 (4) of the Income Tax Ordinance 2001. Was not worth it. There was no justification for receiving tax under section 113 of the Income Tax Ordinance, 2001, for the tax year 2006, so the taxpayer's income was taxable through the Finance Act, 2007. The year was not 2008. It was not permissible to demand the supply of Section 122 (1), read with section 122 (5) of the Income Tax Ordinance, 2001, the order of the First Appellate Authority was vacated and the taxation officer under section 122 (1). Was read with an order passed by. Section 122 (5) of the Income Tax Ordinance, 2001 has been canceled by the appellate tribunal.

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