Law: Income Tax Ordinance, 2001

Section: 122,122(1),177

Income Tax Ordinance (XLIX of 2001)--- ----Ss. 177 & 122---Audit---Amendment of assessments---First Appellate Authority observed that no appeal was filed against order under S.177 of the Income Tax Ordinance, 2001 and since it was the amendment order under S.122(1) of the Income Tax Ordinance, 2001 regarding which the appeal was filed by the taxpayer, Appellate Authority could only examine whether or not the requirements of the provisions of S.122 of the Income Tax Ordinance, 2001 were fulfilled by the concerned officer---Taxpayer contended that any superstructure raised on illegal foundation would crumble and be set at naught and will be equally illegal as very foundation was not in accordance with law; and that since there was no disagreement that the High Court had already declared the selection to be null and void then on what basis could the amendment order passed in pursuance of such selection be allowed to hold the field, particularly when it had also been noted by the High Court in the said order, that all audit proceedings held there under or in consequence thereof remained of no legal effect---Revenue contended that since order of High Court had already been challenged before Supreme Court, the same did not constitute to be considered as a final decision on the matter of selection and may not be followed---Validity---Decision of any High Court, on point of law, remained binding unless overruled by the Supreme Court---Subject decision having not been overruled by the Supreme Court, the same constituted as binding precedent---No exception could be taken from what had been held by the High Court in the said , especially when no contrary decision had been given by any other High Court of the country---Having said decision operative and valid in the field, there remained no complexity or complication to resolve the controversy involved in the appeal---Reason advanced by the First Appellate Authority for rejecting the appeal was incorrect, improper, unlawful, illegal and without substance and the same could not be approved on any basis whatsoever---Orders of the authorities below were vacated and assessment finalized by the Taxation Officer was without…

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