Law: Income Tax Ordinance, 2001

Section: 156,156/87,221(1A),

Income Tax Ordinance (XLIX of 2001)-----S.221 (1-A)---Income Tax Ordinance (XXXI of 1979), S.156/87---Finance Act (I of 2003) Preamble---Rectification of mistake---Assessment year 1998-99---Limitation---Assessee's appeal succeeded being barred by limitation was contradictory to the provisions of S.87 of the Income Tax Ordinance, 1979 which dealt with charging of additional tax for failure to pay advance tax---Department contended that limitation of four years under S. 156 of the Income Tax Ordinance, 1979 had yet to expire on 18-10-2003 while the limitation was extended to five years from the date of order sought to be rectified through S.221 (1-A) of the Income Tax Ordinance, 2001 having effect from 1-7-2003; that order sought to be rectified could be rectified within five years from the date of order i.e. by 18-10-2004 whereas order under S.87 of the Income Tax Ordinance, 1979 (S.205 of the Income Tax Ordinance, 2001) was passed on 22-1-2004 i.e. within time limitation and that order was not barred by limitation of time---Validity---Enlarged limitation by the income Tax Ordinance, 2001 could not be applied in cases of those pending assessments which were to be governed by the Income Tax Ordinance, 1979 and S. 156 of the Income Tax Ordinance, 1979 provided limitation of four years which had expired before passing of the order---Contention of the department that limitation was extended by way of new legislation did not carry weight because for the year 1998-99 provisions of old laws were applicable and limitation enlarged in the Income Tax Ordinance, 2001 was not to apply---No error was found in the order passed by the Appellate Tribunal, which needed to be rectified---Miscellaneous application of the department was dismissed by the Appellate Tribunal. Messrs Shah Jewana Textile Mills Limited v. I.T.A.T. 2003 PTD 2023; 2005 PTD 14; Messrs Sadiq Brothers Poultry v. C.I.T., Rawalpindi I.T.A. No.111/IB of 2006; Home Services Syndicate v. C.I.T. 2003 PTD 2109 and Messrs Ellahi Motors v. C.I.T. 2004 PTD 1173 ref. THIS ORDER PASSED BY : By the instant Miscellaneous Application, the Revenue seeks recall of ITAT order dated 31-5-2007 recorded in assessee's appeal…

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