Law: Income Tax Ordinance, 2001

Section: 120,122,122(1),122(2),122(5)

(a) Income Tax Ordinance (XLIX of 2001)- -Ss. 120 & 122(2) as amended by Finance Act (I of 2009)]- Reference-Show cause notice-Past and closed transaction- Retrospective effect of amendment-Assessee was aggrieved of show cause notice issued under S. 122 (2) of Income Tax Ordinance, 2001, as amended through Finance Act, 2009-Validity-At the time when show cause notice was issued, assessment order dated 30-12-2006, treated to have been passed by Commissioner under S. 120 of Income Tax Ordinance, 2001, had attained finality i.e. the order had become a past and closed transaction-Such order could not have been re-opened by applying limitation period provided under amended S. 122(2) of Income Tax Ordinance, 2001, by giving it retrospective effect-Vested right was created in favour of assessee company when limitation had expired under substituted provision and the same could not have been taken away by giving amended provision retrospective effect-High Court declined to interfere in the order passed by Income Tax Appellate Tribunal-Reference was dismissed in circumstances. 2005 PTD 14 and 2009 PTD 712 distinguished. Commissioner Inland Revenue v. Maj Gen. (R) Dr. C. M. Anwar and 2 others 2015 PTD 424; Nagina Silk Mill, Lyallpur v. The Income-Tax Officer, A-Ward Lyallpur and others PLD 1963 SC 322; Messrs Shoaib Bilal Corporation, U.B.L. Super Market Circular Road, Faisalabad through Ejaz Hashmat Khan Member v. The Commissioner of Income Tax, Faisalabad Zone, Faisalabad and another 1993 PTD 332; Commissioner of Income Tax v. Messrs Eli Lilly Pakistan (Pvt.) Ltd. 2009 PTD 1392; Civil Petition No. 1306 of 2014; Commissioner of Income Tax v. Eastern Federal Insurance Company PLD 1982 SC 247 and Commissioner Inland Revenue v. Messrs Ghausia Builders (Pvt.) Ltd., 2015 PTD 772 ref. (b) Administration of justice- -What cannot be done directly can also not be done indirectly. THIS JUDGMENT IS DELIVERED BY: ATHAR MINALLAH, JUSTICE:------------------ Through the instant Reference Application, the applicant has proposed questions of law arising out of the order, dated 14-05-2015, passed by the learned Appellate Tribunal, Inland Revenue Division Bench (DB-I), Islamabad…

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