Law: Income Tax Ordinance, 2001

Section: 122,122(5A),62

(a) Income Tax Ordinance (XLIX of 2001)-----S.122(5A)---Income Tax Ordinance (XXXI of 1979), S.62---Amendment of assessment---Power to modify an `assessment' to be exercised by Additional Commissioner was restricted to an order passed by an Assessing Officer---Cut-off date was provided as 1-7-2003 in respect of original assessment order issued under S.62 of the Income Tax Ordinance, 1979 only. (b) Income Tax Ordinance (XLIX of 2001)---S.122(5A)---Amendment of assessment, finalized before 1-7-2003---Interpretation of---Rational interpretation of the expression "finalized before 1-7-2003 with reference to proceedings under S.122(5A) of the Income Tax Ordinance, 2001 would be that the matter would be taken to have been finalized when Assessing Officer exercised his original jurisdiction regarding assessment prior to the said date as the powers to modify/revise an assessment order by an Additional Commissioner was restricted to an `order' issued by the Assessing Officer---Record clearly revealed that original assessment was finalized prior to 1-7-2003 and such order had admittedly been attempted to be revised by the Additional Commissioner of Income Tax---First Appellate Authority had rightly annulled the assessment order as the finding of the First Appellate Authority did not suffer from any infirmity. 2005 PTD 1316 rel. (c) Income Tax Ordinance (XLIX of 2001)--- ----S.122(5A)---Income Tax Ordinance (XXXI of 1979), S.66(1A)---Amendment of assessment---Doctrine of merger explained---Time limitation---Correct explanation of the doctrine of merger, while applying the `time limitation' provided for in statute, was that a later order merges into former order and modifies/corrects the original/former order to the extent of issues decided in the later order---Time limitation, in respect of issues that had not been the subject-matter of the later order runs from the date of the former/original order-et-Time limitation in respect of exercise of jurisdiction under S.122(5A) of the Income Tax Ordinance, 2001 implies that the cut-off date of 1-7-2003 was to be applied in respect of original assessment order passed under S.62 of the Income Tax Ordinance, 1979---Revised order…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492