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Application for Stay of Tax Demand

Commissioner Inland Revenue / ATIR  ·  Income Tax Ordinance 2001, Section 140

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TO: THE COMMISSIONER INLAND REVENUE / APPELLATE TRIBUNAL INLAND REVENUE, authority_location

Application for Stay No. _____ of year

APPLICATION FOR STAY OF TAX DEMAND UNDER SECTION 140 OF THE INCOME TAX ORDINANCE 2001

Applicant: taxpayer_name NTN: taxpayer_ntn Tax Year: tax_year Tax Demand Notice dated: demand_notice_date Demanded Amount: Rs. demanded_amount

The Applicant respectfully submits this Application for Stay of the disputed tax demand pending the disposal of the Appeal / Second Appeal filed before this Authority.

1. The Applicant has received a Tax Demand Notice dated demand_notice_date, demanding payment of Rs. demanded_amount in respect of tax year tax_year.

2. The Applicant has filed an Appeal / Second Appeal before appeal_forum against the impugned Assessment Order, which is pending adjudication.

3. The Applicant is unable to deposit the demanded amount before the expiry of the statutory period, as to do so would cause severe financial hardship and prejudice.

4. The Applicant has a strong prima facie case on merits as evidenced by the detailed grounds of appeal.

5. The balance of convenience favours granting of this Application, as:

(a) Recovery can be effected after the disposal of the appeal if the demand is upheld; (b) The Applicant is a law-abiding citizen and regular taxpayer; and (c) No public interest is prejudiced by grant of the Application.

6. The Applicant undertakes to pursue the appeal with utmost expedition and to comply with all Orders of this Authority.

PRAYER

(a) Stay the recovery of the tax demand of Rs. demanded_amount pending the disposal of the appeal; (b) Alternatively, direct recovery by instalments spread over the period of pendency of appeal; and (c) Award any other relief deemed just and proper.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of this Application are true and correct to the best of my knowledge and belief.

_____________________________ taxpayer_name Applicant NTN: taxpayer_ntn Through: _____________________________ counsel_name Tax Consultant / Authorized Representative

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