Law: Income Tax Ordinance, 2001

Section: 120,120(1)(b),122(1),122(5),127,221

ORDER M. M. AKRAM (JUDICIAL MEMBER): Through these titled miscellaneous applications, the appellant has sought rectification under section 221 of the Income Tax Ordinance, 2001 ("the Ordinance") in the order passed by this Tribunal in ITA Nos.407 & 408/IB/2011 dated 18.05.2012 for the Tax Years 2004 and 2005 on the grounds as set forth in the said applications and has prayed therein as under: - "It is, therefore, humbly prayed that the above cited appeal may kindly be fixed for hearing as early as possible to meet the ends of justice". The facts of the case and grounds of applications are similar and identical therefore, these applications are being decided through this order. 2. The facts can be stated shortly. The amendments under section 122(1) read section 122(5) of the Income Tax Ordinance, 2001 ("the Ordinance") were made for the tax years 2004 and 2005 on the basis of OGRA Formula considering the same as definite information. These orders were challenged by the appellant by invoking the provisions of section 127 of the Ordinance before the learned Commissioner Inland Revenue (Appeals). The learned CIR(A) dismissed the appeals of the appellant. The appellant then chose to prefer the appeals under section 131 of the Ordinance before this Tribunal. The appeals of the appellant were heard and disposed of on 18.05.2012 in favour of the appellant with the following observations: - "3. The learned AR states that amendment u/s 122(5) on the basis of OGRA Formula considering the same as definite information has not been approved by the Tribunal in ITA No.357 & 358/IB/2011 in the case of M/s Khan CNG, Rawalpindi wherein it has been held that OGRA Formula does not constitute definite information: - "The term "definite information" has not been defines in the Income Tax Ordinance, 1979 it will be assumed that the Legislature intended to give ordinary dictionary meanings to it, whenever it is required to be dealt with. The word "information" when it is qualified with the word "definite" would mean that the said information in all probabilities, is correct in all respects and there is no likelihood of its being wrong or untrue and there is no necessity to…

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