Law: Business Profits Tax Act, 1947

Section: 12,19

Law: Income Tax Act, 1922

Section: 34(2B)

Business Profits Tax Act, 1947(XXI of 1947)-Sections 12,19-Assessment-Limitation-Chargeable accounting period ending 31-12-1957-Notice issued on 14-10-1965 and assessment made on 18-12-1965 under Section 34(2B) of the Income Tax Act (as amended by the Finance Act, 1965). read with Section 19 of the Business Profits Tax Act -Whether within the period of limitation-Held yes-Income Tax Act, 1922, Section. 34 (2B)-Finance Act, 1965, Section 11. Cases referred to ;- Dada LTD. v. Commissioner of Income Tax (PLD 1974 S C 310); (1974)30 TAX 92 (S.C.); Income Tax Officer v, Sulaiman Bhai Jiwa (PLD [970 S C 80): (1970) 21 TAX 62 (S.C.) and Commissioner of Income Tax v. Reyaz-0-Khalid Co., Karachi (PLD 1971 S C 98. B. Statutes-Interpretation-Provisons of earlier Act incorporated in a later Act-Incorporated provision-Whether became part and parcel of the later Act-Held yes-Substative changes in the earlier Act- Whether apply to incorporated provisions of the later Act without making these applicable expressly or by necessary intendment-Held no. JUDGMENT [The judgment of the Court was delivered by GUL MUHAMMAD KHAN].- This reference made by the Appellate tribunal at the instance of the Commissioner of Income Tax, Lahore Zone, Lahore arises out of an order dated 3rd October 1967, passed by the Income Tax Appellate Tribunal (Pakistan) Lahore, under the Business Profits Tax Act. The question is :- "Whether on the facts and in the circumstances of the case the Tribunal was justified in cancelling the assessment when Section 34(2-B) of the Income Tax Act, adapted for Business Profits Tax Act, had extended the period of limitation." 2. The facts leading to this reference are that the respondent was asessed on 31st of March 1963, to pay business profits tax for the chargeable counting period ending 31st December 1957. The respondent took an appeal before the Appellate Tribunal who accepted the same and set aside the assessment on the ground that as the last date by which the assessment should have been completed, was 31st December, 1962, the assessment made on 31st March, 1963, was without jurisdiction. 3. Meanwhile Section 34 of the Income Tax -Act was amended vide Finance Act,…

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