Law: Income Tax Ordinance, 1979

Section: 80D,156,SecondSched

(a) Income Tax Ordinance (XXXI of 1979)---Ss. 80-D, 156 & Second Sched. cl. (118-E)---C.B.R. Circular No.2(98)/ITJ/94, dated 11-12-1997---S.R.0.1283(1)/90, dated 13-12-1990-­Exemption---Rectification of mistake---Application for--Assessing Officer allowed exemption under cl. (118-E) but charged minimum tax on turnover under S.80-D of the Income Tax Ordinance, 1979---Subsequently, minimum tax on turnover was declared to be illegal and without lawful authority for those assessees who enjoyed exemption under cl. (118-E) of Second Sched., Income Tax Ordinance, 1979~--Assessee moved application for rectification under S.156, Income Tax Ordinance, 1979 within time limit of 4 years claiming refund being mistake apparent on record---Assessing Officer rejected application on the ground that the transaction had become past and closed matter and the had no retrospective effect---Finding of Assessing Officer was confirmed by the First Appellate Authority--­Validity---Levy of income-tax under S.80-D, Income Tax Ordinance, 1979 was-without any sanction in law and was charged and received by the Revenue unlawfully and, therefore, Government had no moral and legal authority to retain the tax so illegally recovered/received---Levy was a mistake apparent on record and tax paid under mistake should be returned--­Orders of two Officers below were vacated by the Appellate Tribunal and rectification application was allowed. PLD 1997 SC 582 = 1997 PTD 1555; Khalid Adamjee v. C.I.T. 1983 PTD 246; Batla & Co. v. S.T.O. 1983 PTD 221; C.I.T. v. Modern Mills Nagpur Ltd. (1967) 64 ITR 67 (SC Ind.); Pfizer Laboratories Ltd. v. Federation of Pakistan PLD 1998 SC 64; Union Bank Ltd. v. Federation of Pakistan 1998 PTD 2114; (1961) 3 Tax III 103 (Trib.); 1993 SCMR 1232 = 1993 PTD 766; Walchant Nagar Industries Limited v. Income-tax Officer (1962) 44 ITR 260; Parshram Pottery Works Co, Limited v. D.R. Trivedi, Wealth Tax Officer (1975) 100 ITR 6,51; Karamchand Premchand Private Limited v. Commissioner of Income-tax (1975) 101 ITR 46; Standard Radiators v. Commissioner of Income-tax (1987) 165 ITR 178 and Kil Kotagiri Tea and Coffee Estates Co. Limited's case (1988) 174 ITR 579 ref. (b)…

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