Law:

Section:

(a) Constitution of Pakistan (1973)--- -----Art.12---Retrospective punishment, protection against---Scope---Under the provision of Art. 12 of the Constitution, no law providing for a greater or different punishment which was available at the time of commission of the offence or default can be held to be a valid law muchless to interpret a law which on the face of it appears prospective. (b) Income Tax Ordinance (XXXI of 1979)--- ----Ss. 13 & 111---Unexplained investment---Concealment of income--­Penalty---Retrospective effect of S.111(2)(c) of Income Tax Ordinance, 1979---Income Tax Authorities imposed penalty on the assessee for having concealed the assets for assessment year 1977-78---Penalty was imposed under S.111(2)(c) of Income Tax Ordinance, 1979---Income Tax Appellate Tribunal set aside the order of the Income Tax Authorities on the ground that the provisions of S.111 were not retrospective in nature---Validity---Penalty imposed was not permissible as the act of alleged concealment and furnishing of inaccurate particulars in terms of various provisions of S.13(1) of Income Tax Ordinance, 1979, occurred many years before the introduction of the provisions---Where the penalty was not made with reference to any other provisions of the Ordinance, the view adopted by the Tribunal that the provisions of S.111(2)(c) of Income Tax Ordinance, 1979, were not retrospective in nature, was correct---Reference was answered in affirmative. Commissioner of Income-tax v. Olympia 1987 PTD 739 and Messrs Rippon's case PLD 1973 Lah. 849 ref. JUDGMENT NASIM SIKANDAR, J.---The Lahore Bench of the Income-tax Appellate Tribunal at the instance of the revenue has framed following question of law which is said to have arisen out of their order recorded on 27-9-1989:-- "Whether on the facts and in the circumstances of the case the learned Income Tax Appellate Tribunal was justified in not maintaining the order of the CIT (Appeals) whereby the penalty imposed under section 111 of the Income Tax Ordinance was confirmed. " 2. According to the petitioner-revenue the respondent an individual was intercepted on 29-8-1976 at new Ravi Bridge Lahore and was found to be in possession…

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