Law: Income Tax Ordinance, 2001

Section: 122,122(4)(a),122(4)(b)

[Income Tax Ordinance (XLIX of 2001)].......Sections 122(4)(a) & 122(4)(b)-Amendment in assessment-Limitation-Term "later of", as used in S.122(4)(b) of the Income Tax Ordinance, 2001-Connotation and scope-Taxpayer/assessee filed tax return on 29-2-2007, after which taxpayer fled a revised return under S. 114 of the Income Tax Ordinance, 2001 on 26-4-2008, whereby original assessment order stood amended-Said assessment order was subsequently further amended on 12-1-2010-Appellate Tribunal had held that the further amendment on 12-1-2010 was in violation of S.122(4)(b) of the Ordinance, which provided a period of one year for any further amendment-Department contended that S. 122(-1) provided two separate and distinct timelines (five years in S. 122(4)(a) and one year in 122(4)(b)) and "later of" the two timelines was available to the Department-Validity - Language used in Ss. 122(4)(a) & 122(4)(b) was clear and unambiguous and both timelines dealt with different periods of limitation for amendment(s) in assessment orders-Only difference was that both timelines had a different reference/starting point for calculating period of limitation and in S. 122(4)(a) the period began front end of financial year in which the Commissioner had issued or had treated as having been issued the original assessment order to the taxpayer while in the period of one year in S. 122(4)(b) began from the end of the financial year in which the Commissioner had issued or had treated as having been issued amended assessment order-Section 122(4)(a) did not imply that only original assessment order could be amended for the first time within a period of five years and in fact it referred to "original assessment order" as a reference point for commencement of the period of limitation-An original assessment could be amended any number of times within a period of Eve years from the end of the financial year in which the Commissioner had issued or treated as having issued the original assessment order-In S. 122(4)(b) the start of the timeline of one year was from the end of the financial year in which the Commissioner had issued or was treated as having issued the amended assessment…

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