Law: Income Tax Ordinance, 2001

Section: 122(2),122(9),133,137(2)

Law: General Clauses Act, 1906

Section: 24(A)

Law: Constitution of Pakistan, 1973

Section: 10A

(a) Income Tax Ordinance (XLIX of 2001)--S.133-Jurisdiction of High Court-Scope-Jurisdiction of High Court under S.133 of Income Tax Ordinance, 2001, is appellate in. nature but as a third appellate forum, High Court cannot reappraise facts to second guess factual determinations rendered by Income Tax Appellate Tribunal even if it agrees with them-Income Tax Appellate Tribunal is the final adjudicator of facts and unless misreading or non-reading of evidence results in its failure to determine a material issue of law that then comes to High Court for adjudication-High Court is loathed to engage in reappraisal of facts even for purposes of adjudicating a question of law. (b) Income Tax Ordinance (XLIX of 2001)--S. 122(2)-Re-assessment-Limitation-Extension in time-No power to condone any delay in passing a re-assessing order beyond the period of limitation prescribed under S. 122(2) of Income Tax Ordinance, 2001-Expiry of limitation period creates a vested right in taxpayer to treat tax affairs for any year predating limitation period under S. 122(2) of Income Tax Ordinance, 2001, as past and closed transaction-Such vested right cannot be usurped by tax authorities directly or indirectly. (c) Income Tax Ordinance (XLIX of 2001)--Ss.122(2) 133-Reference to High Court-Re-assessment beyond period of limitation-Jurisdiction of Appellate Authority-Dispute was with regard to order passed by Commissioner (Appeals) for re-assessment under S. 122(2) of Income Tax Ordinance, 2001-Income Tax Appellate Tribunal set aside order passed by Commissioner (Appeals), as re-assessment was beyond limitation-Validity- Commissioner (Appeals) had no power or jurisdiction to indirectly extend statutory prescribed period of limitation provided under S. 122(2) of Income Tax Ordinance, 2001, by remanding the issue of re-assessment of tax returns filed by a taxpayer (as deemed assessment) to the Commissioner beyond limitation period- Where an order was to sustainable in the eyes of law and flaw inflicting it was that it defeated rights under Art. 10-A of the Constitution, of a taxpayer having been passed in perfunctory or mechanical fashion to meet statutory limitation deadline, remanding…

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