Law: Income Tax Ordinance, 2001

Section: 122

Law: Constitution of Pakistan, 1973

Section: 199

Law: Income Tax Ordinance, 1979

Section: 156,SecondSched.,Cl.(118C)

Income Tax Ordinance (XLIX of 2001)----S.122---Income Tax Ordinance (XXXI of 1979), Ss. 156 & Second Sched., Cl. (118-C)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Amendment of assessment---Issuance of notice in year, 2003 to rectify assessment framed for year, 2001-2002 alleging that exemption allowable to assessee for assessment year 1993-94 was actually allowed for year, 1994-95, thus, assessee had started commercial production in year, 1992---Validity---Revenue in the guise of such notice wished to rectify assessment order recorded in year, 1995 in respect of assessment year 1993-94---Revenue had recorded twice clear findings in earlier assessment orders regarding date and period of commencement of business production by assessee---Proposed rectification could not be permitted under the law on account of stipulated limitation having long gone before issuance of impugned notice---High Court accepted constitutional petition and declared impugned notice as invalid. JUDGMENT NASIM SIKANDAR, J.---This constitutional petition seeks to challenge a notice under section 122 (Amendment of assessments) of the Income Tax Ordinance, 2001, dated 11-12-2003 issued by the Taxation Officer, Circle-08 Special Zone, Lahore expressing his intention to rectify the assessment framed for the years, 2001-2002. In the notice it was, inter alia, observed that the petitioner as an assessee of the Income Tax Department claimed exemption under Clause (118-C) of the Second Schedule to the late Income Tax Ordinance, 1979, which was allowable to him for the assessment year 1993-94 in stead of year 1994-95 for which it was actually allowed. It was, in this regard observed that the assessee had actually started commercial production on 20-5-1992 as per its audited accounts. 2. It is the case of the petitioner that in the guise of above notice the Taxation Officer in fact intends to rectify the assessment order for the year, 1993-94 which is not possible either under the provisions of section 156 (Rectification of mistakes) of the late Income Tax Ordinance or the provisions of section 122 of the Income Tax Ordinance, 2001. The former provided a time limit of…

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