Law: Income Tax Ordinance, 2001

Section: 151,161,162,174

Law: Constitution of Pakistan, 1973

Section: 199

(a) Limitation--- ----Determination---Principle---Limitation can arise in three ways: Where there is an express time bar, imposed by statute; Where such bar can or is to be inferred from and on a proper reading and interpretation of relevant provisions; or where action has been taken beyond reasonable period of time. (b) Income Tax Ordinance (XLIX of 2001)--- ----Ss.161 & 162---Amendment of assessment---Action against party---Limitation---Principle---Even if period for amendment of assessment has expired, action can still be taken against primary party under S.162 of Income Tax Ordinance, 2001. (c) Income Tax Ordinance (XLIX of 2001)--- ----S.161---Initiation of proceedings---Limitation---Even though there is no period of limitation, a point in time must eventually be reached so that if action is to be taken thereafter, the same must be properly justified by Commissioner---Beyond stipulated point in time, onus lies on Commissioner to show as to why action is being taken belatedly and if he fails to discharge this onus, then proceedings would be liable to be set aside. (d) Discretion--- ----Exercise of---Principle---All discretion is structured, channelized and controlled and there is no such thing as unfettered discretion---Any and all statutory power must be exercised reasonably, fairly and justly. (e) Income Tax Ordinance (XLIX of 2001)--- ----Ss.151, 161, 162 & 174---Constitution of Pakistan, Art.199---Constitutional petition---Non-deducting of tax---Proceedings---Limitation---Petitioners were banking companies and were aggrieved of notices issued by authorities for initiation of proceedings on the allegation of non-deduction of taxes---Validity---If Commissioner was to take action under S. 161 of Income Tax Ordinance, 2001 and the amount from which deduction had to be made was relatable to deducting authority's income then any such action taken beyond the period up to which deducting authority had to maintain its books of account etc., under S.174 of Income Tax Ordinance , 2001, required proper justification---Onus then would be on the Commissioner to explain as to why action was being taken belatedly---If there was proper justification, then onus…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492