ORDER NASIM SIKANDAR, J.- The only grievance of the petitioner appears to be the non- entertainment of appeal by the first appellate forum/CIT (Appeals), Lahore without payment of 15% of the demand raised.
2. The petitioner is a listed company and is engaged in yarn spinning. As against disclosed income of Rs.4,751,556 an assessm ent was framed at taxable income of Rs.73938314. In the process additions were made in production accounts, sale of waste, interest disposal of fixed assets and administrative expenses.
3. Learned counsel for the petitioner states that being before the first appellate forum the assessee is entitled to an interim relief and that forcing him to pay 15% of illegal demand will amount to denial of right of appeal.
4. After hearing the learned counsel for the petitioner as well as the Revenue, I am inclined to agree.
5. The petitioner being before the first appellate forum appears entitled to an interim relief on account of huge additions made in its hand, in a number of recent judgments . This Court has observed that an assessee/tax-payer is entitled to interim relief till the matter" stands decided at least by one appellate forum. Refuging interim relief against an original order of a Revenue Officer would be travesty of justice and is likely to encourage raising of fabulous demands for extraneous reasons.
6. That being so this petition is allowed. The respondent/CIT (Appeals) will entertain the appeal of the petitioner without insisting upon the payment of 15% of the demand created by the impugned assessm ent order.