Law: Income Tax Rules, 2001

Section: 121(3),131,132,121

(a) Income Tax Ordinance (XLIX of 2001)--Ss. 121(3) & 131—Best judgment assessment—Limitation—Scope— Order passed by the Officer Inland Revenue against the taxpayer was confirmed by the Commissioner Appeals—Objection of the appellant / taxpayer was that the order passed by the Officer Inland Revenue was barred by time as the order under S. 121 of Income Tax Ordinance, 2001 (‘Ordinance, 2001)could legally be passed within 5 years after the end of the tax year and/or the income year—Validity—Record revealed that the Commissioner Appeals had rejected the said objection (regarding limitation) without discussing or determining the dates relevant for determination of question of limitation—When limitation as a moot point was asserted in any litigation, the same had to be decided on the basis of facts and law—Tax year-in-issue was 2017 and the limitation to adjudicate under S.121 of the Ordinance, 2001 ended on 30-06-2022 whereas, admittedly, the order under S. 121 of the Ordinance, 2001, in the present case, was passed by the Officer Inland Revenue on 28-02-2023, thus the same was beyond period of limitation as prescribed under S. 121(3) of the Ordinance, 2001—Issue of limitation was not a technicality which could not be ignored—Tribunal set-aside both the orders passed by the Officer Inland Revenue as well as the Commissioner Appeals—Appeal filed by the taxpayer was allowed, in circumstances. Additional CIR v. M/s. Eden Builders Ltd. and others 2018 SCMR 991; Asad Ali v. The Bank of Punjab PLD 2020 SC 736 and Dr. Muhammad Javaid Shafi v. Syed Arshad and others PLD 2015 SC 212 ref. (b) Income Tax Ordinance (XLIX of 2001)--Ss.132, 131 & 121—Constitution of Pakistan, Art. 189—Judgments of the Supreme Court—Binding on all Courts—Best judgment assessment—Limitation—Officer Inland Revenue passed order against the taxpayer after passing of 5 years of relevant tax-year, however, the same was confirmed by the Commissioner Appeals—Contention of the appellant / taxpayer was that the order passed by the Officer Inland Revenue was barred by time as the Supreme Court had held that the order under S. 121 of Income Tax Ordinance, 2001 (‘Ordinance, 2001 ’) could legally be…

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