Law: Income Tax Ordinance, 2001

Section: 2(66),122,122(1),122(2),122(3)(a),122(3) (b),122(4),122(5),122(5A)

Law: Income Tax Ordinance, 1979

Section: 59,59A,62,65

Income Tax Ordinance (XLIX of 2001)---Ss. 2(66), 122 [as amended by S. R. O. No.633(I)/2002, dated 14-9-2002] and S.122(5-A) (as inserted by Finance Act (I of 2003 w.e.f. 1-7-2003]---Income Tax Ordinance (XXXI of 1979), Ss. 65 & 66-A---Re­opening/revision/amendment of assessment finalized by Deputy Commissioner of Income Tax before 1-7-2003 under Income Tax Ordinance, 1979---Issuance of show-cause notice to assessee under S.122(5-A) of Income Tax Ordinance, 2001---Validity---Notice issued in respect of assessment finalized earlier on basis of provision of S.122 of Ordinance, 2001 as amended by S.R.O. 633(I)/2002 would be void and illegal---Income Tax Ordinance, 2001 would apply to assessee in respect of tax year, but not to assessment and assessee---Provision of S.122(5A) of Income Tax Ordinance, 2001 not specifically made retrospective, but same being substantive in nature could only apply prospectively---Phrase "or issued under Ss. 59, 59-A, 62, 63 & 65 of the Income Tax. Ordinance, 1979" as added in S.122(5-A) of Income Tax Ordinance, 2001 by Finance Act, 2003 w.e.f. 1-7-2003, could not have implied the effect of retrospectivity, thus, its application on assessment finalized under Income Tax Ordinance, 1979 would be illegal---Assessment order . framed by DCIT could not be amended or modified under S.122(5) or (5-A) of Income Tax Ordinance, 2001---Provision of S.122 of Income Tax Ordinance, 2001 would apply only to assessment order finalized by Commissioner of Income Tax for tax year and not to assessment order made by Deputy Commissioner of Income Tax for assessment years 2002-2003 and earlier---Distinction between provisions of S.122 of Income Tax Ordinance, 2001 and Ss. 59, 59-A, 62 and 65 of Income Tax Ordinance, 1979 stated. Commissioner of Income Tax, Zone-C, Lahore and others v. Messrs Kashmir Edible Oils Ltd. and others 2006 SCMR 109; Kisan Yousaf Textile Mills Faisalabad v. Commissioner of Income Tax 2005 PTD 1621; Allied Motors v. C.I.D. Lahore 2004 PTD 1173; Commissioner Sindh Employees Social Securities Institution and another v. Messrs E.M. Oil Mills and Industries Limited and 2 others 2002 SCMR 39; Fawad Textile Mills Ltd. Lahore v.…

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