Law: Income Tax Ordinance, 2001

Section: 161,205

(a) Income Tax Ordinance (XLIX of 2001)---Ss. 161 & 205---Failure to pay tax collected or deducted---Limitation for calling record---Tax year 2005---Order passed under Ss.161/205 of the Act was annulled by the First Appellate Authority on the ground that taxpayer was not obliged to keep records beyond 30-6-2010 when the details / documents were filed on 30-2-2011---Validity---First Appellate Authority had annulled the order on the legal grounds that the tax year involved was 2005 which ended on 30-6-2005---Vested interest was created in favour of the taxpayer on the very day that it would maintain records as prescribed under S.74 of the Income Tax Ordinance, 2001 for the next five years i.e. up to 30-6-2010 which had to operate prospectively and not retrospectively---First Appellate Authority had rightly annulled the order as the Taxation Officer had called for the record regarding tax year 2005 through the show-cause notice dated 29-12-2010 and subsequently passed the order under Ss.161/205 of the Income Tax Ordinance, 2001 for the tax year 2005 on 22-3-2011 had rightly, been annulled by the First Appellate Authority---Appeal of the department was dismissed by the Appellate Tribunal. Fazal Din and Sons's case 2009 SCMR 973 = 2009 PTD 1016; Army Welfare Sugar Mills 1992 SCMR 1652; Al-Samrez Enterprises 1986 SCMR 1917; PLD 1969 Lah. 24; Messrs Kohi Noor Textile's case PLD 1974 SC 284 = 1974 PTD 239; Elahi Cotton Mills Ltd.'s case PLD 1997 SC 82 = 1997 PTD 1555; Zakaryia H.A. Sattar Bilwani's case 2003 PTD 52; Messrs Essential Industries's case PLD 1977 Lah. 1168 and Mian Hameed Ahmad's case PLD 1979 Lah. 703 ref. (b) Vested right--- ----Vested right---If an exemption from payment on excise duty or any other tax has been granted for a specified period on certain conditions, person who fulfils those conditions acquires a vested right. Fazal Din and Sons's case 2009 SCMR 973 = 2009 PTD 1016 and Army Welfare Sugar Mills rel. (c) Interpretation of statutes--- ----Retrospective operation---Scope---Enactment which prejudicially affected vested right or a legality of past transactions or impaired contract cannot be given retrospective operation. Al-Samrez…

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