Law: Income Tax Ordinance, 2001

Section: 120,121,122,122(4),12(9)

(a) Income Tax Ordinance (XLIX of 2001)-- --S.122--Amendment of assessment--Alternate remedy, availability of--Scope--Petitioner assailed notice issued by, department under S. 122(9) read with S. 122(4) of Income Tax Ordinance, 2001 whereby certain documents were sought from the petitioner--Validity--No adverse order had been passed against the petitioner and the impugned notice only required certain information/document from it--Alternate remedies were available to the petitioner who could only approach High’ Court in a Tax Reference after exhausting all those remedies-- Petitioner was directed to provide the requisite documents / record/information to the department--Department, under the doctrine of stopgap arrangement, was restrained from taking coercive measures against the petitioner till final decision in the matter--Writ petition was disposed of accordingly. Reliance Commodities (Private) Ltd. v. Federation of Pakistan and others PLD 2020 Lah. 632 = 2020 PTD 1464 and Shell Pakistan Limited v. Government of Punjab and others 2020 PTD 1607 rel. (b) Income Tax Ordinance (XLIX of 2001)-- --S. 122(4)--Amendment of assessment--Scope--Subsection (4) of S.122 of the Income Tax Ordinance, 2001, reveals that the Commissioner may further amend, as many times as may be necessary, the original “assessment “ order within five years from the end of the financial year in which he has issued or is treated as having issued the amended assessment order to the taxpayer as per section or otherwise one year from the end of the financial year in which the Commissioner has issued or is treated as having issued the amended assessment order to the taxpayer. (c) Income Tax Ordinance (XLIX of 2001)-- --Ss.120, 121 122--Assessment--”Best assessment”--Amendment of assessment--Scope--Assessment is made under Part II of Chapter X of the Income Tax Ordinance, 2001, which deals with the assessment under S.120 of Income Tax Ordinance, 2001 while the scheme of “best assessment” mechanism to amend the assessment is provided in S.122 of the Income Tax Ordinance, 2001-- Complete mechanism for amendment of assessment is given in S.122 of the Income Tax Ordinance, 2001 with nine subsections.…

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