Law: Income Tax Ordinance, 2001

Section: 114(6),114(6A),122(5A),122(9),133(1),161 ,205

(a) Income Tax Ordinance (XLIX of 2001)---S.114(6) ,  (6A) [as amended through Finance Act, 2009 ,  Finance Act, 2010]--Revised return, filing of-- Amendment--Scope-- Amendments made in S.114(6) ,  (6A) of Income Tax Ordinance, 2001, are not applied retrospectively but prospectively. (b) Income Tax Ordinance (XLIX of 2001)--Ss. 114(6) (6A), 122(5A)(9) ,  133(1)--Reference--Revised return, filing of--Amendment of assessment--Dispute was with regard to filing of revised return which was rejected by authorities--Validity--When revised return was furnished it was in conformity with S.114(6A) of Income Tax Ordinance, 2001, and pre-conditions imposed thereunder, which were already available on statute book and were attracted to revised tax return furnished--Appellate Tribunal Inland Revenue overlooked cause and effect of amendment introduced through Finance Act 2010, through adding subsection (6A) of S.114 of Income Tax Ordinance, 2001--No determination was made by Appellate Tribunal Inland Revenue regarding effect of amended subsection (6A) of S.114 of Income Tax Ordinance, 2001, and consequence on non-fulfilment of pre-condition before filing of revised return--Notice under S. 122(9) of Income Tax Ordinance, 2001, was already issued to taxpayer before amendment and taxpayer took two years to furnish revised return-- Appellate Tribunal Inland Revenue also failed to appreciate the record, factual statements / assertions of taxpayer made before Commissioner Inland Revenue while submitting reply to another notice while determining validity of revised return--High Court answered both the questions in negative, set aside passed by Appellate Tribunal Inland Revenue and remanded the matter to consider and decide question of appropriation of expenses under final and normal tax regime afresh--Reference was allowed accordingly. ORDER: Instant Reference Application, on behalf of the Revenue, is directed against order of 30.07.2010, by Appellate Tribunal Inland Revenue (Appellate Tribunal), whereby taxpayer’s appeal was allowed, simplicitor, by holding that notice under section(s) 161/205 of the Income Tax Ordinance, 2001 (Ordinance, 2001) were beyond…

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