Law:

Section:

Income Tax Ordinance, 2001 (XLIX of 2001)-- ----Ss. 122(9) & 122(5A)--Amendment made in 2012 by Finance Act, 2012--Procedural amendments--Whether retrospectively applicable--Filing of Returns--Inquiries & information inrespect of tax returns--Jurisdiction of Commissioner are aggrieved of notices, requiring them to provide information and record to examine whether returns filed and assessment orders passed are erroneous or prejudicial to revenue--Validity--Amendment incorporated in Section 122(5A) is procedural in nature as it provides power to competent authority to make inquiries as it deems necessary, however, it affects substantive rights of assessee regarding modification or change in assessment order--Where any amendment impacts substantive rights, it is established principle that amendment/law operates prospectively--Any amendment even though procedural in nature, which affects vested rights of any person operates prospectively and not retrospectively--Amendment made in Section 122(5A) provides power to commissioner to make inquiries as he deems fit--Consequence of these inquiries is that assessment order can be revised/modified which is a substantive right of an assessee--Prior to amendment in 2012 assessment could only be revised only if same appeared to be erroneous or prejudicial to revenue and no information could be sought to determine same--New procedure which allows commissioner to make inquiries directly affects existing right of an assessee regarding modification or revision in assessment, hence shall operate prospectively--Petition was allowed. THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, JUSTICE---.--- This judgment shall decide the instant petition as well as petitions mentioned in the schedule "A" attached herewith as common questions of law and facts are involved. 2. The petitioners, in all the petitions, are the Income Tax assesses. In this behalf they are aggrieved of notices issued by the respondent department under Section 122(9) read with Section 122(5A) of the Income Tax Ordinance, 2001, whereby information has been sought alongwith record and documents with respect to the tax returns for year 2010-11-12. 3. Learned counsel for…

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