Law: Income Tax Ordinance, 1979

Section: 129

Income Tax Ordinance (XXXI of 1979)----S.129 [as amended by Finance Ordinance (XXI of 2000)]---C.B. R. Circular No. 3 of 2001, dated 23-5-2001---Prospective in operation ---Precondition for filing appeal against assessment order to deposit 15% of the amount of tax assessed---Applicability---Central Board of Revenue through Circular No. 3 had clarified that such amendment was prospective in operation and it would not apply to any previous assessment year. ORDER Through the present writ petition the petitioner called into question the amendment introduced through Finance Act, 2000 whereby the provision of section 129 of Income Tax Ordinance, 1979 was amended and for filing an appeal from the assessment order a precondition of deposit of 15 % of tax assessed was imposed. 2. An assessment order for assessment years 1996-97 to 2000-2001 was passed in the case of the petitioner by Special Officer of Income-tax, Circle 10, Zone II, Lahore whereby a tax demand of Rs. 4,21,617 as stated in the petition, was created against the petitioner. The petitioner filed an appeal before the Commissioner of Income-tax Appeal, Lahore whereby the condition of 15% tax deposit of tax assessed was pressed into service. Consequently the petitioner filed…

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