Law: Income Tax Ordinance, 1979

Section: 64,64(1),135,135(5)(9),135(9),136,156

(a) Precedent---Ratio decidendi---Meaning of---Ratio decidendi of a case makes the decision a binding precedent for the future---Ground of a decision is the material fact of the case, so that if a similar or comparable set of facts come before the Court again, and the new case is on "all fours" with an earlier case, the Court will follow and apply the decision given in the earlier case. (b) Precedent---Decision---Reasons---Where a Court proceeds to give more than one reason for a decision, per se both the reasons would be binding but the Court is entitled to consider the correctness of the reasons. AIR 1961 Raj. 250 rel. (c) Income-tax--Mistake in the order---Law does not permit that if, owing to inadvertence, any mistake has been committed in the order that should go on travelling for all times to come. (d) Income Tax Ordinance (XXXI of 1979)----Ss. 156, 135(9) & 136---Rectification of mistake---Finality of the order---If a mistake of law and fact had been crept in the order that order certainly requires rectification and modification under S.156 of the Income Tax Ordinance, 1979---Finality is attached to the extent that the order passed by the Appellate Tribunal on appeal shall be final being not assailed further by way of applying to the High Court or by invoking the constitutional jurisdiction---No other meanings could be attached to S.135(9) of the Income Tax Ordinance, 1979 if read in consonance with the provisions of S.136 of the Income Tax Ordinance, 1979. (e) Income Tax Ordinance (XXXI of 1979)---S. 156---Rectification of mistake---Legislature in terms of S.156 of the Income Tax Ordinance, 1979 had empowered the Income Tax Authority or the Tribunal to amend and rectify any order passed by it either on its own motion or on such mistake being brought to its notice by any income tax authority or by the assessee. (f) Income Tax Ordinance (XXXI of 1979)----S.156---Rectification of mistake---Irrelevant ---Mistake apparent from the record---Furnishing of an irrelevant and relying upon which the decision had been made affecting the rights of either party was certainly a mistake apparent from the record. (g) Income Tax Ordinance (XXXI of…

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