Law: Income Tax Ordinance, 2001

Section: 23(vi)(a),24(c),80D,122,122(5),122(5A)

(a) Income Tax Ordinance (XLIX of 2001)--- ----S.122---Amendment of assessment---Assessment year 2002-2003---Assessment order was passed on or before 30-6-2003---Amendment---Annulment of such amended assessment by the First Appellate Authority---Department contended that First Appellate Authority was not justified to annul the amended assessment on the ground that S.122 of the Income Tax Ordinance, 2001 was not applicable if the original assessment order for assessment years 2002-2003 was passed on or before 30-6-2003; and also not justified to hold that order was legally inform and defective as show cause notice was issued indicating only S.122 of the Income Tax Ordinance 2001, without referring the specific provision of S.122(5)/122(5A) of the Income Tax Ordinance, 2001---Validity---Matter had been rightly decided by the First Appellate Authority after taking into consideration the facts as well as settled law---Appellate Tribunal dismissed the appeal of the department on the issue. 2005 PTD 1316 rel. (b) Income Tax Ordinance (XXXI of 1979)--- ----S.23(vi)(a)---Deductions---Addition was deleted by the First Appellate Authority on the ground that same was an invalid addition and was in violation of spirit of S.23 (vi)(a) of the Income Tax Ordinance, 1979---No interference was warranted by the Appellate Tribunal in the order of First Appellate Authority, being that of a higher authority, naturally deserved more credence---Departmental appeal was dismissed on the issue. (c) Income Tax Ordinance (XXXI of 1979)--- ----S.24(c)---Deductions not admissible---Addition made under S.24(c) of the Income Tax Ordinance, 1979 had already been deleted by the Appellate Tribunal after scrutinizing the record that the name, address and the amount matched and the same was not to be disallowed twice---Addition made by the authorities did not sustain in the eye of law and merits deletion. 2005 PTD 1102 ref. (d) Income Tax Ordinance (XXXI of 1979)--- ----Ss. 80D, & 24 (c)---Tax on income of certain exporters--Assessment year 2001-2002---Section 80D of the Income Tax Ordinance, 1979 could not be applied on each and every source of income of a taxpayer separately and it had to be…

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