Law: Income Tax Ordinance, 1979

Section: 55,80D&SecondSched.,,129,134,136

(a) Income Tax Ordinance (XXXI of 1979)----Ss. 55, 80-D & Second Sched., Part IV, para. 9 [as amended by Finance Act (IX of 1996)]---Declaration once filed in terms of para. 9, Part IV of Second Sched. of the Income Tax Ordinance, 1979 alongwith return of total income under S.55 of the Ordinance would constitute irrevocable option and would hold good for three assessment years following the filing of the same. (b) Income Tax Ordinance (XXXI of 1979)---Ss. 55, 80-D, 129, 134 & 136---Constitution of Pakistan (1973); Art. 199---Limitation Act (IX of 1908), Ss.5 & 14---Constitutional petition---Maintainability---Assessment was completed during pendency of Constitutional petition, wherein challenge was made to show-cause notice---Petitioner then invoked jurisdiction of Appellate Authorities in Income Tax hierarchy, but failed---Constitutional petition filed against the very issuance of show-cause notice had been rendered infructuous because of adjudication by Income Tax Authority and Tribunal---Such orders were not under challenge in Constitutional petition, thus, petitioner could avail remedy of seeking or filing a reference in accordance with law, and while doing so, he could apply for condonation of delay, which application, if any would be considered sympathetically. Messrs H.M. Abdullah v. The Income-tax Officer, Circle V, Karachi 1993 SCMR 1195 rel. JUDGMENT The petitioner is a manufacturing concern. According to the learned counsel for the petitioner while filing return for the year 1991-92 the petitioner had filed a declaration in terms of para.9 Part IV of. the said Second Schedule to the Income Tax Ordinance, 1979. Thereafter, on 7-1-1993 the return for the year 1992-93 was filed. However, according to the learned counsel his client remained under the bona fide impression that since once declaration has been filed which constitutes irrevocable option, a declaration to the said effect was filed alongwith said return on 7-9-1993 C.B.R. issued a clarification that the said declaration is to be filed alongwith every return for following assessment year. Be that as it may, the assessment was completed by the concerned officer and tax was imposed…

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