Law: Income Tax Ordinance, 2001

Section: 120,122(2),133(1)

Law: Income Tax Ordinance, 2001

Section: 120,122(2),133(1)

(a) Interpretation of statutes----Prospective effect---Scope---Legislation is prospective unless it expressly or impliedly provides the same to have retrospective effect. (b) Interpretation of statutes----Fiscal statute---Imposing of taxes---Principles---Charging provisions imposing taxes are to be strictly construed in favour of taxpayer, so that if there is a doubt or two interpretations, then it has to be resolved in favour of taxpayer---Provisions which provide for the machinery by which taxes are assessed and recovered are to be liberally construed in favour of the Revenue, in order to ensure that realization of proper taxes is made possible. Eli Lilly's case 2009 SCMR 1279 rel. (c) Income Tax Ordinance (XLIX of 2001)----Ss.120, 122(2) as inserted by Finance Act (I of 2009) & 133(1)---Assessment order, reopening of---Amendment in law---Retrospective effect---Scope---Income Tax authorities reopened assessment orders on the basis of amendment made in S. 122(2) in Income Tax Ordinance, 2001, through Finance Act, 2009---Appellate Tribunal declared the amendment as prospective in nature---Validity---Time period of reopening of assessment order was extended under S. 122(2) of Income Tax Ordinance, 2001, and the amendment had no retrospective effect and would apply to cases in which assessment orders were passed after the date of legislation in question---Assessment orders which were passed or deemed to be passed under enabling provisions of S. 120 of Income Tax Ordinance, 2001, prior to 1-7-2009, the same would be 'closed and past transactions' 'qua' applicability of amended provisions, as valuable rights in favour of taxpayer had accrued---Amendment extending time period to amend assessment orders, in which 'rights' had matured into 'vested rights' could not be amended under extended period provided under S. 122(2) of Income Tax Ordinance, 2001, introduced through Finance Act, 2009---High Court declined to interfere in order passed by Appellate Tribunal---Reference was declined in circumstances. Adnan Afzal's case PLD 1969 SC 187 and Eastern Federal Insurance Company's case PLD 1982 SC 247 ref. JUDGMENT YAHYA AFRIDI, J.---Through this single judgment, this…

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