Law: Wealth Tax Act, (XV of 1963)

Section: 17(1),17A(2),23,24,27

Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan (1973)--- ----Art. 199---Exercise of Constitutional jurisdiction---Constitutional jurisdiction was not substitute for appeal or revision---Where law did not provide for appeal or revision to High Court, Art. 199 of the Constitution could not be read into that statute to fill in the gap. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Only jurisdictional fact could be challenged on touchstone of various guarantees enumerated in the Constitution itself. (c) Taxation--- ---- Framing of assessment within reasonable time---Such question would arise only where statute was silent on the issue of limitation both for service of notice or framing of an order. (d) Finance Act (XII of 1991)----S. 12---Wealth Tax Act (XV of 1963), Ss. 23, 24 & 27---Corporate Assets Tax---Assessment framed by Wealth Tax' Officer under S.12 of Finance Act, 1991---Provisions for appeal in Wealth Tax Act, 1963--�Applicability---Exclusion of provisions of Ss. 23, 24 & 27 of Wealth Tax Act, 1963 in S.12(9)(10) of Finance Act, 1991 was complete and absolute---Such provisions could not either be read into or be made applicable to proceedings for levy or collection of Corporate Assets Tax merely for the reason that order of Tribunal in wealth tax matter could be carried to High Court by way of appeal or that Wealth Tax Officer had been assigned the job to make assessment and recover .levy in the manner wealth tax was collected. (e) Finance Act (XII of 1991)--- ----S. 12---Wealth Tax Act (XV of 1963), Ss. 17(1) & 17-A(2)--�Corporate Assets Tax---Service of notice, and framing of assessment--�Limitation prescribed in Wealth Tax Act, 1963---Applicability--�Provisions of Ss. 17 & 17-A of Wealth Tax Act, 1963 prescribing various limitations for service of notice or framing of assessment could not be read into provisions of S.12 of Finance Act, 1991. (f) Taxation--- ----Levy and collection of tax---Limitation---Effect---In absence of a condition for levy of tax within a reasonable time, any delay on the part of Assessing Officer could not deprive Revenue of its legitimate dues--�Levy of tax would not become…

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