Law:

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THIS ORDER PASSED BY: CH. ANWAAR UL HAQ, JUDICIAL MEMBER Titled appeal has been filed at the instance of the taxpayer calling in question the impugned order dated 15-05-2012 passed by the learned CIR(Appeals-l), Lahore. A number of objections have been raised through grounds of appeal, however, the taxpayer has also filed a misc. application seeking permission to press the following additional ground: "That the order passed u/s 122(5A) of Income Tax Ordinance, 2001 by Additional Commissioner of Income Tax, (Audit) Zone-II, Large Taxpayers Unit, Lahore is patently time barred, therefore, not enforceable against the appellant." 2. Since the additional ground goes to the roots of the case, hence, the misc. application is allowed. 3. As far as main appeal of the taxpayer is concerned, at the very outset the learned counsel of the taxpayer raised a preliminary objection against the amended order passed u/s 122(5A) of the Income Tax Ordinance, 2001. He stated that the amended order was time barred and merit cancellation. To substantiate his contention, he stated that return was filed on 10-09-2005 which by operation of law become deemed order. The amended order u/s 122(5A) was passed on 27-06-2011 i.e. time barred by almost 9 months as the same should have been passed before 10-09-2010. It was argued that the law prevailing at the time of filing of return is applicable and the amendment brought subsequently through Finance Act, 2009 cannot be applied retrospectively. 4. We have heard the arguments put-forth by the learned representatives of both the sides and have carefully gone through the available record, including the case law cited at the bar. After due consideration, we find that the…

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