Law: Income Tax Ordinance, 2001

Section: 122,122(1)(2),133,177,177(1)(3)(4),214-C

Law: Finance Act, 2010

Section: 214C

Law: Finance Act, 2013

Section: 214-C

Law: Finance Act, 2004

Section: 177

(a) Income Tax Ordinance (XLIX of 2001)--- ----Ss. 177 & 214-C---Audit---Selection for audit by Federal Board of Revenue---Powers of Commissioner and Federal Board of Revenue to conduct audit of the taxpayer---Legislative history. (b) Income Tax Ordinance (XLIX of 2001)--- ----Ss. 177, 122 & 133---Reference to High Court---Power of Commissioner to conduct audit and issue amended assessment order---Scope---Taxpayers were aggrieved of audit conducted by Commissioner---Appellate Tribunal accepted the appeals on the ground that all the cases were selected for audit under S.177(4) of Income Tax Ordinance, 2001, whereas said S.177(4) was inserted in 2004, which was supposed to apply to the cases pertaining to the tax year 2005 and onwards---Validity---Cases of taxpayers were selected for audit on 24.01.2009 and 25.04.2009, the provisions of S. 177(4) were applicable to the cases of taxpayers, because from 13-09-2001 till 27.10.2009 the statute clearly provided that taxpayer had to be selected for audit by the Commissioner on the basis of statutory criteria developed by the Federal Board of Revenue or under S.177(4)---Commissioner had rightly selected cases of taxpayers for audit under S.177(4) of Income Tax Ordinance, 2001---Commissioner could amend assessment order under S.122(1) of Income Tax Ordinance, 2001 while S.122(2) imposed restriction on the Commissioner not to amend assessment order after the expiry of five years from the end of financial year---Commissioner, after expiry of five years could not issue an amended assessment order---High Court declared that observations of Appellate Tribunal were not correct in the eyes of law as the Tribunal had, without going into the merits of the case, concluded the matters on a single point of law---Cases were remanded to the Appellate Tribunal for decision on merits---Order accordingly. (c) Income Tax Ordinance (XLIX of 2001)--- ----S. 122---Amendment of assessment---Scope---Commissioner may amend an assessment order under S.122(1) of Income Tax Ordinance, 2001, however, under S.122(2) restriction has been imposed upon the Commissioner for not amending an assessment order after the expiry of five years from the…

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