Law: Income Tax Ordinance, 2001

Section: 2(64),9,49(4),113,119(6),120(1),122(1),1 22(5),137,205,221,SecondSched.,Part-IV,C l.11A(XV),

(a) Income Tax Ordinance (XLIX of 2001)---Ss. 49(4), 113, 221, 122(5), 120(1), 2(64), 9 & Second Sched., Part-IV, Cl.11A (XV)---Income of Federal Government, Provincial Government, and Local Government---Tax year 2006---Turnover tax---Taxpayer was a company owned and controlled by the Federal Government deriving income from sale of electricity---Return was filed declaring nil income---Proceedings for rectification of order were initiated on the basis that turnover tax under S.113 of the Income Tax Ordinance, 2001 was not paid along with the return---Order under Ss.221 of the Income Tax Ordinance, 2001 was cancelled by the First Appellate Authority---Fresh proceedings were initiated under S.122(1)/122(5) of the Income Tax Ordinance, 2001 and order creating the demand of turnover tax was passed which was upheld by the First Appellate Authority---Validity---Taxpayer company was owned and controlled by the Federal Government and the income was not liable to tax up to tax year 2007 as S.49(4) of the Income Tax Ordinance, 2001 had been inserted through Finance Act, 2007 making the government owned entities as taxable---No justification existed for charging tax under S.113 of the Income Tax Ordinance, 2001 for the tax year 2006---Income of the taxpayer company had become taxable w.e.f. tax year 2008 and not for the tax year 2006---Invoking the provision of S.122(1) read with S.122(5) of the Income Tax Ordinance, 2001 was not justified---Order of First Appellate Authority was vacated and the order passed by the Taxation Officer under S.122(1) read with S.122(5) of the Income Tax Ordinance, 2001 was cancelled by Appellate Tribunal. Writ Petition No.6512 of 2008 rel. 997 PTD 603; I.T.As. Nos. 778 to 781 and 891/LB of 2010, I.T.As. Nos. 905, 906 and 782 to 784/LB of 2010; 1997 SCMR 503; 2001 SCMR 1012; 2001 PTD 814; PLD 1993 (SC) 473; PLD 2009 (SC) 367; 2010 PTD (Trib.) 12; Messrs Glaxo Laboratories v. IAC PLD 1992 SC 549 = 1992 PTD 932; 2009 PTD (Trib.) 1536; 2008 PTD 1525 and 1997 PTD 47 ref. (b) Income Tax Ordinance (XLIX of 2001)---Ss. 205, 119(6) & 137---Default surcharge---Extension of time for furnishing returns and other documents---Taxpayer company had…

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