Law: Income Tax Ordinance, 2001

Section: 120,121,121(1)(d),170(10)

THIS ORDER WAS PASSED BY: IFTIKHAR MUHAMMAD CHAUDHRY, CHIEF JUSTICE:---.--- These petitions for leave to appeal have been filed against common Judgment dated 12.11.2012, passed by a learned Division Bench of the Lahore High Court, Rawalpindi Bench. On receipt of Income Tax References in the above noted cases the following question was formulated:- "Whether assessment under Section 121(1)(d) of the Income Tax Ordinance, 2001 ("Ordinance '') can be made in cases where deemed assessment order has already been made under Section 120 of the Ordinance". 2. The above question was examined after having taken into consideration the legislative developments which took place from time to time relating to the amendments in Sections 121(1) (d) and 177(10) of the Income Tax Ordinance, 2001, it was finally concluded as follows:- "13. For the tax period under discussion i.e., 2004 to 2006 the legislative scheme does not provide for cancellation or annulment or amendment of the deemed assessment order passed under Section 120 by an assessment order under Section 121 and 177(10) of the Ordinance, whereby deemed assessment is declared to have no legal effect if an assessment order under Section 121 is passed, establish that the un-amended version of theses sections did not provide for cancellation or amendment of the deemed assessment order thereby identifying the lacuna in the law prior to the amendment. Reliance is placed on Glaxo Laboratories Ltd, v. Inspecting Assistant Commissioner of Income Tax and others (1992 SCC 910). 14. For the above reasons, we are of the view that prior to the amendment brought about in Sections 121 and 177 (10) through Finance Act, 2010, Section…

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