Law: Income Tax Ordinance, 1979

Section: 102,104

(a) Income-tax--- ---Refund---Adjustment of---Principle---Refund created in the subsequent assessment year could not be adjusted against the non-existing demand. (b) Interpretation of statutes--- ---- Provision of law cannot be read in isolation but is to be seen in conjunction with other provisions of law. (c) Income Tax Ordinance (XXXI of 1979)---S.104---Adjustment of refund against tax---Refund---Adjustment of refund against the demand raised subsequently from the date of refund created---Validity---When refund was created for the assessment year 1984-85 on 25-6-1985, there was no tax payable on behalf of the assessee---Adjustment of tax demand raised on 16-2-1989 under an order passed under Ss. 62/65 of the Income Tax Ordinance, 1979 against such refund was absolutely illegal and could not be sustained. 1999 PTD (Trib.) 3516 ref. (d) Income Tax Ordinance (XXXI of 1979)--- -----S.102(2)(a)---Additional payment for delayed refunds---Adjustment of the refund created for the assessment years 1984-85 and 1985-86 against the demand created subsequently under Ss. 62/65 of the Income tax Ordinance, 1979 for the assessment year 1983-84---Assessment for the assessment year 1983-84 was annulled by the Appellate Tribunal--­Application for issuance of additional refund/compensation was rejected by the Assessing Officer and reckoned the period to compute the amount of additional refund from the date of receipt of order from the Appellate Tribunal---Validity---If the refund was required to be made in consequence of any order on any appeal or a revision or an appeal to the High Court or an appeal to the Supreme Court on the date of receipt of such order which meant that receipt of order of higher forum became relevant only when the refund was required to be made as a consequence of any order by that particular high forum---Refund in the present case was not created as a result of any Court order, nor was it challenged before any higher judicial forum, so the Assessing Officer misled himself while reckoning the period, to compute the amount of additional refund from the date of receipt of order from the Appellate Tribunal---Appellate Tribunal vacated the assessment order as…

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