Tobacco company: IHC maintains orders issued by ATIR, Commissioner (Appeals)

ISLAMABAD: Islamabad High Court (IHC) has maintained the orders issued by the Income Tax Appellate Tribunal (ATIR) and Commissioner (Appeals) against a leading cigarette manufacturing company in the income tax references.

The IHC has issued an order in the case of the cigarette manufacturing company vs Additional Commissioner Inland Revenue (ACIR).

According to the IHC order, the tobacco company is engaged in the business of manufacturing, marketing and sale of various brands of cigarettes, who filed Income Tax Return for the years 2007 to 2010, regarding which Additional Commissioner Inland Revenue issued show cause notice alleging therein that the deemed assessment order passed by the Commissioner was erroneous and subsequently amended the assessment order deemed to have been passed by the Commissioner.

The company aggrieved thereby preferred Appeals against respective Tax Year before the CIR-Appeals which were dismissed vide Order dated 2.9.11, against which Applicant approached the Learned Appellate ATIR Inland Revenue (ATIR) in Appeals, however the ATIR upheld the decision of ACIR and that of CIR-Appeals and dismissed the appeals of the company. In view of detailed discussion, both the forums have rightly answered the question in a proper manner, as such, it is settled proposition that factual aspects and disputes could not be considered in reference jurisdiction, rather only legal issue can be raised at the High Court level, especially when factual controversy has already been resolved by the ATIR. The said income tax references were answered in negative, as such, the orders passed by the Income Tax Appellate as well as by lower forums were hereby maintained, the IHC order added.

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