Law: Income Tax Ordinance, 2001

Section: 114,115(4),120,122,122C,122(1),122(5A),1 33(1),169(2)

Income Tax Ordinance (XLIX of 2001)-- Ss. 115(4), 122(5A), 133(1)- Altering/amending assessment order-  Commissioner income tax- Jurisdiction- Validity- Assessment order based on statement of income furnished under S. 115(4) of Income Tax Ordinance, 2001, could be altered / amended by Commissioner under S. 122 of Income Tax Ordinance, 2001- Such exercise of jurisdiction under S.122 of Income Tax Ordinance, 2001, could not be construed to offend protections and privileges otherwise extended to income, subject to final tax under the provisions of Income Tax Ordinance, 2001-  Decision of Appellate Tribunal Inland Revenue to deny jurisdiction otherwise conferred on Commissioner under S.122 of Income Tax Ordinance, with respect to ascertainment of identity / character of income was illegal and contrary to mandate of the provisions under reference-  Proceedings under S.122(5A) of Income Tax Ordinance, 2001, could not be initiated against taxpayer which furnished assessment by way of statement under S. 115(4) of Income Tax Ordinance, 2001- High Court set aside passed by Appellate Tribunal Inland Revenue and matter was remanded for decision afresh by the Tribunal- Reference was allowed, in circumstances. ORDER: This Reference Application and ITR No.34207/2019 are directed against single consolidated order of 29.01.2019, by Appellate Tribunal Inland Revenue, Lahore Bench, Lahore (“Appellate Tribunal”), relating to Tax years 2014 and 2015. Commonly, three questions of law are proposed, claimed to have arisen out of order under reference, however, following question is pressed for determination, which reads as:- “Whether on the facts and circumstances of the case, the learned Appellate Tribunal Inland Revenue was justified in holding that proceedings under section 122(5A) cannot be initiated against taxpayer who has filed only statement of final taxation under section 115(4) because no assessment in that case is in the field?” 2. Learned counsel for applicant department submits that Appellate Tribunal erred in law while holding that section 122(5A) of the Income Tax Ordinance, 2001 (‘Ordinance, 2001’) was not attracted in the absence of tax return furnished…

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