Law: Income Tax Ordinance, 2001

Section: 122,66A,(5A),120,122(5)

Law: Income Tax Ordinance, 1979

Section: 62,63,65

(a) Income Tax Ordinance (XLIX of 2001)---S. 122---Amendment of assessment---Jurisdiction---Order for cancellation or reopening for modification of an assessment was made in disregard to the declaration of the assessee---Assessing Officer needs to be very clear in its mind as to why he wants to modify the assessment---Factual basis as well as the provision of law must be indicated for acquiring proper jurisdiction. (b) Income Tax Ordinance (XLIX of 2001)--- ----Ss. 122, 76 & 66-A---Income Tax Ordinance (XXXI of 1979), Ss. 65 & 66A---Amendment of assessment---Provisions in terms of Ss.65 and 66A of the Income Tax Ordinance, 1979 were different in their application from those of S.122 of the Income Tax Ordinance, 2001. (c) Income Tax Ordinance (XLIX of 2001)--- ----S. 122---Amendment of assessment---Expression "subject to this section"---Meaning and scope---Provisions of S.122 of the Income Tax Ordinance, 2001 start with the language "subject to this section"---Such language restricts all further proceedings for amendment of an assessment which means it could only be amended if they were covered by the provisions of this section---Amendment of assessment for which this section had been prescribed could not be made if the requirements and qualifications prescribed in this section were not completed before making such amendment of the assessment. (d) Income Tax Ordinance (XLIX of 2001)--- ----S. 122---Amendment of assessment---"By making such alterations or additions as the Commissioner considers necessary"---Meaning and scope---Commissioner, through this part of S.122(1) of the Income Tax Ordinance, 2001 had been allowed to make such alternations or additions as were required obviously- for the reason of the information and circumstances before him---Comment made by such provision in terms of information and circumstances with reference to the first part of the section which says subject to this section, creates an embargo on the Commissioner---Term used as "Commissioner considers necessary" in the provision was obviously subject to S.122 of the Income Tax Ordinance, 2001---Parameters had been prescribed in S.122(2)(3), (4), (4A), (5), (5A), (5B), (6),…

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