Law: Income Tax Ordinance, 2001

Section: 66,66A,122(5),133

Law: Constitution of Pakistan, 1973

Section: 189

Law: Income Tax Ordinance, 1979

Section: 65,118(c),SecondSched.,

(a) Income Tax Ordinance (XLIX of 2001)---Ss. 66-A, 122 (5) & 133---Income Tax Ordinance (XXXI of 1979), Ss.65, 118(c) & Second Sched., Cl. (118-C)---Reference---Modification of assessment order--Definite information---Opinion of auditor---Retrospective effect of Income Tax Ordinance, 2001---Scope---During first assessment in year 1993-1994, initial production of assessee was accepted as trial production and exemption under Cl. (118-C) of Second Schedule to Income Tax Ordinance, 1979, was allowed---Eight years later, the first assessment was modified on the ground that audit report was a definite information, wherein trial production was declared as commercial production-Validity-Once entire facts were placed by the assessee before the authorities and they took a decision by considering facts and circumstances of the case, such decision could not be subsequently amended by merely holding that through audit report it had transpired that income generated from sale of goods during period on trial production amounted to commercial production---If there had been a report of audit that assessee had concealed certain income or had defrauded in submission of returns, it would have been an information---If entire facts were placed before the authorities, view of Commissioner for determining a particular period as trial production could not be subsequently termed as commercial production merely on the views expressed in audit report---Order passed by Income Tax Appellate Tribunal suffered from inherent legal defects and violation of the Constitution as the order was passed mechanically, without application of mind---Tribunal was not justified in confirming the order under S. 122(5) of Income Tax Ordinance, 2001, by its retrospective application to assessment year 2000-2001 and by modifying and amending earlier order passed with regard to assessment year, 1993-1994---Taxation officer could not amend assessment already completed and period of tax holiday duly specified by competent authority and which had attained finality as further remedy against such order was never availed---When law itself provided for distinction between trial production and commercial…

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