Law: Income Tax Ordinance, 2001

Section: 133(1),120(2),122(2)

Law: Income Tax Ordinance, 2001

Section: 133(1),120(2),122(2)

Law: General Clauses Act, 1897

Section: 6(1)(c)

(a) Income Tax Ordinance (XLIX of 2001)-------S. 133(1)---Reference to High Court---Principle---Law point was neither raised nor decided by Appellate Tribunal Inland Revenue, therefore, High Court declined to decide the reference. Messrs Nida-i-Millat (Pvt.) Ltd., Lahore v. Commissioner of Income Tax, Zone No.1, Lahore 2006 SCMR 526 rel. (b) Income Tax Ordinance (XLIX of 2001)--- ----Ss.120(2), 122(2) [as amended by Finance Act (I of 2009)] & 133(1)--General Clauses Act (X of 1897), S.6(1)(c)---Income tax return, finality of---Limitation---Amendment in law---Retrospective effect---Plea raised by income tax authorities was that amendment brought in S. 122(2) of Income Tax Ordinance, 2001, in year 2009 had retrospective effect and it was applicable to assessment for Tax Year, 2004---Validity---Limitation as it stood at the time of filing of return would apply---Even procedural law could not take away vested and existing rights by applying it retrospectively unless such intention of legislation was expressed in unequivocal terms---Reference was dismissed in circumstances. Messrs Fawad Textiles Mills Ltd. through Director, Lahore v. Pakistan through Secretary, Ministry of Finance and 3 others 2005 PTD 14 and Commissioner of Income Tax v. Dharamchand Dalchand 1 ITC 264 (Nagpur) rel. JUDGMENT SHAHID JAMIL KHAN, J.---This reference application is moved by Department against order of Appellate Tribunal, Inland Revenue, Islamabad Bench ("the Tribunal") dated 1-8-2012 passed in I.T.A. No.431/IB/2011 relating to tax year 2004 on the following questions of law:- (1) "Whether on the facts and circumstances of the case, the ATIR was justified to accept the appeal of the taxpayer by ignoring CIR (Appeals) judgment holding departmental action in line with law to compute limitation period for amending assessment for Tax Year 2004 within "5" years in terms of amendment brought in subsection (2) of section 122 of the Income Tax Ordinance, 2001 through Finance Act, 2009?" (2) "Whether on the facts and circumstances of the case, the amendment brought in subsection (2) of the section 122 being procedural in nature, shall not operates retrospectively?" (3) "Whether on the facts…

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