Law: Income Tax Ordinance, 2001

Section: 122,SecondSched.,Cl.46A,59,59A,62

Income Tax Ordinance (XLIX of 2001)----S.122, Second Sched., Part IV, Cl. (46-A)---Income Tax Ordinance (XXXI of 1979), Ss.59A & 62---Amendment of assessment---Assessment year 2000-2001---Assessment was finalized under S.62 of the Income Tax Ordinance, 1979---Inspection note was received by the Assessing Officer that consumption of Sui gas was a major raw material energy source which reflected the volume of business---Assessment was amended under S.122 of the Income Tax Ordinance, 2001 which was annulled by the First Appellate Authority---Department contended that First Appellate Authority was not justified to annul assessment order on legal grounds in view of Explanation given in Finance Ordinance, 2002---Validity---Action taken by the First Appellate Authority in cancelling the assessment order for the assessment year 2001-02 was perfectly justified as the assessment was deemed to be accepted under S.59A of the Income Tax Ordinance, 1979 before 30-6-2002---Section 122 of the Income Tax Ordinance, 2001 could not be applied to the assessment completed under Income Tax Ordinance, 1979 prior to 1-7-2003---Appeal filed by the department was dismissed by the Appellate Tribunal being devoid of any merit. 2006 SCMR 109 rel. THIS ORDER PASSED BY: Originally the titled appeal was dismissed on default vide this Tribunal's order dated 7-10-2008 and the said order was recalled through an order dated 23-7-2009 passed in MA No.547/LB/2008. Now we proceed to decide the appeal through this order. 2. The titled appeal has been filed by the Revenue against order dated 30-8-2007 passed by the learned CIT(A) Gujranwala relating to the assessment year 2000-01 to agitate the cancellation of assessment order passed under section 122(1) of the Income Tax Ordinance, 2001. 3. Brief facts giving rise to the present appeal are that the assessee, an A.O.P. derives income from dying and printing receipts on behalf of other parties. The assessment for the year under appeal was finalized under section 62 of the repealed Income Tax Ordinance, 1979. The assessing officer…

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