| Citation(s) |
| 2019 SLG 946 = 2019 SLD 946 = 2019 PTD 692 = 2019 MLD 870 |
Islamabad High Court
W.P. No. 4066 of 2012, decision Dated: 09-07-2015, hearingDate : 09-06-2015
ATHAR MINAHLLAH, JUSTICE
Shaukat Ali Qureshi for Petitioner (in W.Ps. Nos. 4066/2012, 2241/2013, 3896/2013, 4474/2013 and 307/2014).Hafiz Muhammad Idrees for Petitioner (in W.Ps. Nos. 2481/ 2013, 305/2014 and 306/2014).Nadeem Anjum for Petitioner (in W.P. No.562/2014).Muham
MESSRS ATTOCK GEN LTD
VS
ADDITIONAL COMMISSIONER (AUDIT), LARGE TAXPAYER UNIT, ISLAMABAD AND 3 OTHERS
Law: Income Tax Ordinance, 2001
Section: 120(1),122(5),122(9)
Law: Workers Welfare Fund Ordinance, 1971
Section: 2(f)
Law: Constitution of Pakistan, 1973
Section: 10A,199
(a) Show-cause notice--- ----"Show cause"---Meaning---Show cause was a demand to produce a satisfactory explanation or excuse in connection with a motion or application to a court. Black's Law Dictionary 8th Edition rel. (b) Notice--- ----Meaning--- Various types of notices---Notice was defined as legal notification required by law or agreement or imparted by operation of law as a result of some fact (such as recording of an instrument), definite legal cognizance, actual or constructive, of an existing right or title---One had notice of a fact or condition if such person had actual notice of it or had received information about it or had reason to know about it and knew about a related fact---Due notice was defined as sufficient and proper notice that was intended to, and likely to, reach a particular person or public and a notice that was legally adequate given the particular circumstance---Reasonable notice was notice that was fairly to be expected or required under particular circumstances---Notice could be described as intelligence by whatever means communicated, information, knowledge or Constitutional requirement of due process which included allegations, opportunity to answer and trial according to some settled course of procedure. Black's Law Dictionary, 8th Edition and Words and Phrases, Vol. 28-B rel. (c) Constitution of Pakistan--- ----Art. 10A---Fundamental right to fair trial and due process of law---Issuance of show-cause notice---Scope---Show-cause notice was essentially an instrument whereby authorized person under law informed a person regarding allegation or facts which may form basis for proceedings against such person and may eventually culminate in an adverse order---Show-cause notice was the first requirement of compliance with due process and its purpose was to put a person to notice by giving sufficient information so as to provide an adequate opportunity of submitting an explanation---Authorized person after issuing a show-cause notice, was under mandatory obligation to provide a purposive and meaningful opportunity of hearing to the person to whom such notice was sent---Depending on facts and circumstances of eachβ¦
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