Appellate Tribunal Inland Revenue
2020
THLN 1019
2020 PTD 1068 | 2019 PTCL 731
Laws Cited
Sales Tax Act, 1990 | Constitution of Pakistan, 1973 | Sales Tax Special Procedure Rules, 2007 | Regulation of Generation, Transmission And Distribution of Electric Powers Act, 1997
Sections
2(46),3,11,13 | 4 | R.13(2)(b),14,14(1) | 31(2)

M/S. PESHAWAR ELECTRIC SUPPLY COMPANY, (PESCO), WAPDA HOUSE, PESHAWAR.

VS

CIR R.T.O, PESHAWAR.

Petitioner(s) by: Mr. Hussain Ahmad Shirazi, Advocate, Mr. Shahbaz Ahmad, Advocate.
Respondent(s) by:
Present: MR. MUHAMMAD WASEEM CH., JUDICIAL MEMBER CH. SHAHID IQBAL, DHILLON, JUDICIAL MEMBER MR. MUHAMMAD TAHIR, ACCOUNTANT MEMBER.
THIS ORDER PASSED BY:

MR. MUHAMMAD WASEEM CH. JUDICIAL MEMBER:---This Full Bench has been constituted by the Honourable Chairman in the titled appeals to resolve the issue regarding audited accounts of the registered person for the tax years 2014 and 2015 (two periods) for the three years under appeal principal amount of Rs. 6412.912 million, Rs. 5501,758,636/- and Rs. 4862.28 million, respectively. Charges related to non-payment of sales tax on subsidy received from the Federal Government and on disposal of scrap.2. Succinctly facts of the case are lie in narrow compass emanating from the orders passed by both the authorities below that the adjudicating officer passed order in originals wherein aforesaid liabilities alongwith default surcharges and penalties were created. In appeal, the learned CIR(Appeals) upheld the treatment meted out by the adjudicating officer for the reasons and factors as embodied in the impugned order.3. The learned AR of the registered person has vehemently argued that the learned...