Law:

Section:

Investment Tax Scheme, 2008--- ----Income Tax Ordinance (XLIX of 2001), S.120-A--C.B.R. Circular No.3 of 2008 dated 1-7-2008---C.B.R. Circular No.7 of 2008 dated 19-7-2008---C.B.R. Circular No.8 of 2008, dated 5-9-2008----Investment Tax scheme--Applicability--Scope---Investment Tax Scheme, 2008 which was made for allowing the undisclosed income by payment of tax thereon was "subject to the provisions of Income Tax Ordinance, 2001" which meant that said clause was not a non obstante clause---All the provisions of Income Tax Ordinance, 2001 shall remain intact while making any scheme---Investment scheme would not apply 'on the income which had not escaped assessment and was still subject-matter of the proceedings in some assessment---Phrase "but was not so charged" had made the position very clear---If an amount had already been charged or was subject to charge and the proceedings were pending in respect thereto, the Investment Tax Scheme, 2008 could not be extended on such income---Even if the Board had not issued C.B.R. Circular No.8 of 2008 dated 5-9-208, the Investment Tax Scheme, 2008, because of the definition of "undisclosed income" given therein, could not have been allowed in respect of the income for which department had already issued notices or that the same was in respect of an income which pertained to tax year 2008---Scheme had to remain within the parameters fixed by S.120-A, Income Tax Ordinance, 2001---Principles. Al-Samrez Enterprise v. The Federation of Pakistan 1986 SCMR 1917; Federation of Pakistan and others v. Ch. Muhammad Aslam and others 1986 SCMR 916 and Commissioner of Income Tax v. Bhanwarlal 1997 ITR 870 ref. JUDGMENT KHAWAJA FAROOQ SAEED, J.---This judgment will dispose of Writ Petitions Nos.11025 of 2008, 11026 of 2008, 1027 of 2008 and 9851 of 2008, as the common questions of law and facts are involved in these writ petitions. 2. Brief facts of the case in Writ Petition No.11025/2008 are that the Federal Board of Revenue through Finance Act, 2008, introduced a scheme namely Investment Tax Scheme, 2008, w.e.f. 1-7-2008 under section 120-A of the Income Tax Ordinance, 2001. The scheme was introduced through Circular No.3/2008. The…

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