Law: Income Tax Ordinance, 2001

Section: 13,13(7),20,21,21(k),22,23(1),23(5),29,6 0A,100A,SeventhSched.,122(5),122(5A),122 (9),124A,150,151,151(1)(d),233

Law: Workers Welfare Fund Ordinance, 1971

Section: 4

(a) Income Tax Ordinance (XLIX of 2001)---S. 122(5)---Amendment of assessment---Pre-requisites for---Pre-requisites for invoking provisions of S.122(5) of Income Tax Ordinance, 2001, were "definite information" with regard to escapement or under-assessment of income, or assessment at too low a rate or subjection of excessive relief, or refund---"Definite information" must have come in the possession of department after completion of assessment---Mere disagreement with the decision of higher courts, could not be termed as "definite information"---Non-issuance of mandatory notice, rendered the proceedings untenable in the eye of law. 2010 PTD (Trib.) 705; 2013 PTD (Trib.) 246; CIT v. Eli Lilly Pakistan (Pvt.) Ltd. 2009 SCMR 1279 = 2009 PTD 1392; Central Insurance Co. and others v. CBR, Islamabad and others 1993 PTD 766 = 1993 SCMR 1232; 2002 PTD (Trib.) 1898; (2002) 85 Tax 245 (Trib.); 2003 PTD (Trib.) 1189; 2005 PTD (Trib.) 2041; 2006 PTD (Trib.) 356; (2004) 90 Tax 116 (Trib.); I.T.As. Nos.36 to 38/LB of 2003; Collector, Sahiwal and 2 others v. Muhammad Akhtar 1971 SCMR 681; Baby-own v. Income Tax Officer 1997 PTD 47; Central Insurance Co. and others v. C.B.R., Islamabad and others 1993 PTD 766 = 1993 SCMR 1232; Saitax Spinning Mills Ltd. v. Commissioner of Income Tax 2003 PTD 808; R.A No.349/LB/2002; I.T.A. No.1658/LB of 2003; I.T.As. Nos.1066 to 1073/LB of 2004; I.T.As. Nos.1012 and 1014/IB/1995; 2006 PTD 2678 and CIT v. Oriental Dyes and Chemicals Ltd. 1992 SCMR 763 ref. (b) Discretion--- ----Exercise of---If the statute authorized a person for exercise of discretion to advance the cause of justice that power was not merely optional, but it was the duty of such person to act in the manner it was intended. Abu Bakar Siddique and others v. Collector of Customs 2004 PTD 2187 rel. (c) Income Tax Ordinance (XLIX of 2001)--- ----S.124-A---Powers of tax authorities to modify orders---Section 124-A of Income Tax Ordinance, 2001, was aimed at avoiding repetitive appeals on any legal issue on which Tribunal or higher courts had already given a ---Section 124-A provided no discretion to Commissioner, rather an obligation was imposed---Very purpose of S.124-A was to…

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