Law: Income Tax Ordinance, 2001

Section: 122(SA),(9)

Law: Constitution of Pakistan, 1973

Section: 199

Income Tax Ordinance (XLIX of 2001)--- ----S.122(SA) & (9)---Constitution of Pakistan, Art.199---Constitutional petition---Petroleum Concession Agreement between Government and petitioner containing a clause applying Income Tax Ordinance, 1979 to petitioner/company---Sale of working interest under such agreement by petitioner to a third party---Issuance of show-cause by Authority to petitioner alleging gains received from such sale to be taxable under Income Tax Ordinance, 2001---Validity---Authority having issued impugned notice could decide question as to whether sale of working interest would fall outside such agreement and petitioner would be governed by the Income Tax Ordinance, 2001---Impugned notice was neither without jurisdiction nor coram non judice nor was there any mala fide on part of authority in issuing the same---Petitioner might present his case before Authority---High Court dismissed constitutional petition, in circumstances. JUDGMENT RIAZ AHMAD KHAN, J.---,This judgment is directed to dispose of Writ Petition No.2958 of 2011. 2. Brief facts of the case are that the petitioner Messrs Ocean Pakistan Limited was issued show-cause notice dated 12-10-2011 under section 122(9) read with section 122(5A) of the Income Tax Ordinance, 2001 by the Additional Commissioner Inland Revenue, Islamabad. The petitioner has challenged the said Show-Cause Notice through instant writ petition. 3. Learned counsel for the petitioner contended that Khipro Petroleum Concession Agreement was executed between the President of the Islamic Republic of Pakistan, the Government Holdings and the petitioner company. Clause 29.6 of the agreement provided that the Income Tax Ordinance, 1979 shall remain applicable for the purpose hereof. It was further submitted that according to the agreed terms, the law applicable to the petitioner was the Income Tax Ordinance, 1979; whereas, the Show-Cause Notice was issued under the provisions of amended law i.e. the Income Tax Ordinance, 2001. The Show-Cause Notice as such was unlawful and could not be acted upon. The learned counsel further submitted that the petitioner was only a 'licensee' and not 'owner'. The petitioner has no…

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