Law: Income Tax Ordinance, 2001

Section: 114,120,122,122(1),132(3),133,221,131(B) ,Clause(3) ofPart-II,Part-I of Second Schedule

Income Tax Ordinance (XLIX of 2001)- -Ss. 132(3), 133 & 221-Reference-Rectification of mistake- Scope-Contentious issue-Services outside Pakistan-Assessment order of taxpayer was amended by authorities in exercise of powers under S. 122(1) of Income Tax Ordinance, 2001-Appellate Tribunal Inland Revenue set aside the amended assessment order-Validity- Powers of Deputy Commissioner Inland Revenue under S.221 of Income Tax Ordinance, 2001, were limited to the extent of mistakes apparent from record-Other provisions of law could deal with the authority of department officials with regard to reopening of assessment, revision etc.-Where department was of the view that certain income had escaped from chargeability of tax but for exercising such powers under S. 221 of Income Tax Ordinance, 2001, there must be a mistake apparently floating on the surface which was to strike one's mind without entering into long drawn process of reasoning, detailed deliberation etc.--Only those mistakes were rectifiable which were apparent from the record and floating on the surface and which did not require any long drawn process of reasoning, deliberation on a moot or debatable point-Issue with regard to taxability on services rendered by taxpayer outside Pakistan had been a continuous issue between authorities and taxpayer, therefore, the same fell outside the scope of mistake apparent from the record-In cases where there could conceivably be two views / opinions the same fell outside the scope and ambit of rectification of mistake-High Court answered all questions in favour of taxpayer-Reference was dismissed in circumstances. CIT v. Shadman Cotton Textile Mlills Ltd. 2008 PTD 253; Commissioner of Income Tax and another v. Messrs Pakistan Petroleum Ltd. and 2 others 2012 PTD 501; Commissioner of Income Tax Company's II, Karachi v. Messrs National Food Laboratories 1992 PTD 570; CIT v. Messrs Adam Limited Karachi 1969 PTD 351; CIT v. Hero Cycle (Pvt.) Limited Company and others 228 ITR 463 (SC)); (3) T.S. Balaram I.T.O. Company Circle No.IV Bombay v. Volkart Brothers and others 82 ITR 50 (SC); CIT v. Abdul Ghani 2007 PTD 967; Helal Jute Press Limited v. Commissioner of Income-Tax,…

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