Law: Income Tax Ordinance, 2001

Section: 120,122(5A),(9)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Income Tax Ordinance (XLIX of 2001)----Ss. 120 & 122(5A), (9)---Constitution of Pakistan, Art. 185(3)---Sale of working interest by Oil Exploring Company---Issuance of show-cause notice by Authority proposing to re-open finalized assessment of petitioner for not having offered itself for tax liability on gain earned from such sale---Dismissal of constitutional petition by High Court---Validity---Petitioner had submitted reply to impugned notice raising therein all objections raised in constitutional petition---Findings on any such objections, if given by Supreme Court, would prejudice petitioner's case before Income Tax hierarchy---Authority would yet decide whether such sale fell outside domain of agreement and applicable law---Petitioner could raise all possible factual and legal objections before competent authority, which had sought its explanation by issuing impugned notice---Supreme Court declined to grant leave to appeal in circumstances. Al-Ahram Builders v. Income Tax Appellate Tribunal 1993 SCMR 29; Deputy Commissioner of Income Tax/Wealth Tax v. Punjab Beverage Co. (Pvt.) Ltd. 2007 PTD 1347; Commissioner of Income Tax v. Messrs Eli Lilly Pakistan (Pvt.) Ltd. 2009 SCMR 1279; Commissioner of Income Tax v. Hamdard Dawakhana (Waqf) PLD 1992 SC 847; Edulji Dinshaw Ltd. v. Income Tax Officer PLD 1990 SC 399 and Commissioner Income Tax v. Shaw Wallace and Co. AIR 1932 Privy Council 138 ref. JUDGMENT TARIQ PERVEZ, J.---This petition for leave to appeal has been filed against the judgment dated 16-4-2012 passed by Islamabad High Court, Islamabad whereby Writ Petition filed by the petitioner-company has been dismissed. 2. Show-cause notice dated 12-10-2011 issued under section 122(9) read with section 122(5A) of the Income Tax Ordinance, 2001 (hereinafter referred to as 'the Ordinance, 2001') by the Additional Commissioner Inland Revenue, Islamabad to Messrs Ocean Pakistan Ltd. (the petitioner) is under challenge in this petition by impugning the judgment passed by the learned Single Judge in Chambers of the Islamabad High Court, Islamabad was dismissed on 16-4-2012. Through the show-cause notice, which is addressed to the Principal Officer of the…

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