PAKISTAN OILFIELDS LTD. vs FEDERATION OF PAKISTAN Ss — 2022 PTD 413 ISLAMABAD

Case information

Citation: 2022 PTD 413 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PTD
Parties: PAKISTAN OILFIELDS LTD. vs FEDERATION OF PAKISTAN Ss
Subject matter: Tax & Customs
Provisions referred to: S. 122; Income Tax Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PAKISTAN OILFIELDS LTD. VS FEDERATION OF PAKISTAN Ss.122(5), 122(5a), 122(5aa) & 122(4)---amendment of assessments---Power of Commissioner to further amend / alter assessment in terms of Ss.122(5), 122(5a) & 122(5aa) of Income Tax Ordinance, 2001---Time-barred amendment in assessments not sustainable---Scope---Petitioner/taxpayer impugned notice for further amendment in assessment issued by Department under S.122(5aa) of Income Tax Ordinance, 2001 issued in 2011, for tax years 2005 and 2006, inter alia, on ground that such further amendment in assessment was time-barred---Validity---amendment in assessment order was not restricted to one amendment, however power to further amendment was subject to limitation of five-years in total and under S.122(4) of the Ordinance, further amendment or amendments had to be made within one year of the same---Where subject-matter was under appeal, power of Commissioner to further amend an assessment had been restricted under S.122(5aa) of the Ordinance, and only pertained to where amendment or further amendment was being made under S.122(5a) of the Ordinance---Impugned notices had been issued invoking power of S.122(5a) of Income Tax Ordinance, 2001 seeking further assessment with respect to tax-payers 2005 and 2006 while the matter was pending before appellate Tribunal, and thus no notice for further amendment could have been issued or amendment made, as same was barred by time under operation of S.122(5aa) of Income Tax Ordinance, 2001---Impugned show-cause notices were set aside---Constitutional petition was allowed, accordingly.

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