Law: Income Tax Ordinance, 2001

Section: 114,114(6),120,120(1),122,122(3)(b),77

Income Tax Ordinance (XLIX of 2001)----Ss.122(3)(b), 120 & 114(6)---Amendment of assessment---Amendment of earlier order in the presence of subsequent assessment order came into existence by virtue of filing revised return---Validity---Return filed became an assessment order by virtue of S.120(1) of the Income Tax Ordinance, 2001---Such return shall be taken for all purposes of Income Tax Ordinance, 2001 to be an assessment order issued to the taxpayer by the Commissioner on the date return was furnished---.Revised return under S.114(6) of the Income Tax Ordinance, 2001, within period prescribed therein also was to be taken for all purposes of the Ordinance to be an amended assessment order issued to the taxpayer by the Commissioner on the day on which the revised return was furnished---If the Commissioner intends to amend an assessment order treated as issued under S.122(3)(b) of the Income Tax Ordinance, 2001, he will have to proceed further on the basis of said assessment and there was no escape from the same---Making an assessment in ignorance .to the 'amended assessment order by implication of the provision of S.122(3)(b) of the Ordinance an amended order on the basis of earlier assessment order obviously could not stay in field---Assessment framed was illegal and same was cancelled by the Appellate Tribunal which did not mean that the cancellation of the order of the Assessing Officer restrained him from proceeding further as per law and rules on the basis of revised assessment order under S.122 of the Income Tax Ordinance, 2001 read with S.77 of the Income Tax Ordinance, 2001. ORDER KHAWAJA FAROOQ SAEED (CHAIRPERSON).---This appeal filed by the assessee is against order of the C.I.T.(A) vide No.22 dated 22-3-2006. The assessee claims that in the presence of a subsequent order on record the Commissioner cannot amend the earlier order. Brief facts leading to this case are that the assessee tiled its return under section 114 on 23-9-2004. The A.R. says that the same has attained the status of an assessment on the date on which it has been received. The assessee revised its return on 15-6-2005 which obviously by virtue of the provisions of section 122(3)…

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