Law: Income Tax Ordinance, 1979

Section: 2(44),9,11,62,80D,156

Law: Constitution of Pakistan, 1973

Section: 199

Law: Income Tax Ordinance, 2001

Section: 221,221(4)

(a) Limitation--- ----Law prescribing period of limitation was to be considered as procedural rather than substantive. (b) Limitation--- ----Enlargement of time through an amendment---Where right to commence proceedings had already become time barred then a subsequent enlargement of time through an amendment would be of no avail---With the lapse of prescribed time, the transaction became a past and closed transaction, vesting a party with a right thus accrued which could not be taken away by a subsequent amendment. (c) Income Tax Ordinance (XLIX of 2001)--- ----S. 221(4)---Income Tax Ordinance (XXXI of 1979) [since repealed], Ss. 62 & 156---Rectification of mistake---Assessment orders passed under the provisions of the repealed Income Tax Ordinance, 1979 ["the assessment orders']---Notices issued by the tax department under S. 221(2) of the Income Tax Ordinance, 2001 requiring the tax payers to show cause as to why their "assessment orders" for the relevant assessment years be not amended/rectified---Question as to whether provisions of S. 221 of the Income Tax Ordinance 2001 could be applied to the assessment orders passed under the provisions of the repealed Income Tax Ordinance, 1979; held, that the assessment order sought to be rectified through the impugned notices were finalized under S. 62 of Income Tax Ordinance, 1979 between May 2001 and June 2002, whereas said Ordinance prescribed a period of four (4) years for rectification of the assessment made under S. 62---Income Tax Ordinance, 1979 was repealed on 30-06-2002, whereafter, in July 2002, Income Tax Ordinance, 2002 came into force---Period of limitation prescribed through S. 156 of Income Tax Ordinance, 1979 had, therefore, not expired at the time of promulgation of Income Tax Ordinance, 2001---Such period during its currency thus stood extended through subsection (4) of S. 221 of Income Tax Ordinance, 2001 which provided a period of 5 (five) years for rectification of mistakes, from the date of the assessment order, sought to be rectified---Procedural amendments applied to all cases which had not become past and closed transactions, therefore, the provisions of S. 221, Income Tax Ordinance,…

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