Law: Income Tax Ordinance, 2001

Section: 122,122(5),(5A),120,114,115,153

Law: Constitution of Pakistan, 1973

Section: 199

(a) Income Tax Ordinance (XLIX of 2001)---Ss. 122(5), (5A), 120, 114, 115 & 153---Constitution of Pakistan (1973), Art.199---Constitutional petition---Notice under S.122(5A), Income Tax Ordinance, 2001---Validity---Scope of Ss. 114, 115, 120, 122 & 152 of Income Tax Ordinance, 2001---Assessment years 2000-20001 and 2001-2002---Amendment of assessment---Scope---Jurisdiction under S.122(5A), Income Tax Ordinance, 2001 is revisional in nature and the jurisdiction under S.122(5) is original in nature which can be exercised by the Deputy Commissioner of Income Tax as well and the requirements of the two provisions being distinct to each other, coupled with the fact that the conditions precedent for exercise of the two jurisdictions are also entirely different and distinct---For the purpose of exercising revisional jurisdiction with reference to the conditions precedent prescribed in S. 122(5A) to the effect that the assessment order is erroneous and prejudicial to the interests of revenue, it is necessary that an assessment order should be in existence---Contention that for the purpose of exercising jurisdiction under S. 122(5A), it is necessary to have resort to S.122(5) was repelled---Principles. Amin Textile Mills (Pvt.) Ltd. v. C.I.T. PTCL 2000 CL 316 and Honda Shahrahe Faisal v. Regional Commissioner of Income Tax and others C. P. No. D-643 of 2004 ref. (b) Income Tax Ordinance (XLIX of 2001)--- ----Ss. 114, 115, 122, 120 & 153---Presumptive Tax Regime---Notice under S.122(5A) Income Tax Ordinance, 2001-Validity-Assessment Year 2003-2004---No concept of any assessment order in the realm of Presumptive Tax Regime---Entire Presumptive Tax Regime revolves around taking the entire payment as income---Determination as to whether in the Presumptive Tax Regime, any assessment order of the nature which may be erroneous or prejudicial to the interests of revenue, was made---Considerations and principles elucidated---Non filing of return of income under S. 114, Income Tax Ordinance, 2001---Invoking of jurisdiction under S.122(5) of Income Tax Ordinance, 2001 by the Commissioner---Procedure---Conditions. Amin Textile Mills (Pvt.) Ltd, v. C.I.T. PTCL 2000 CL…

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