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COMMISSIONER INLAND REVENUE, CORPORATE ZONE, REGIONAL TAX OFFICE, FAISALABAD vs NIAGRA MILLS (PVT — 2022 PTD 978 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PTD 978 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PTD
Parties
COMMISSIONER INLAND REVENUE, CORPORATE ZONE, REGIONAL TAX OFFICE, FAISALABAD vs NIAGRA MILLS (PVT
Subject matter
Tax & Customs
Provisions referred to
S. 115; 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

COMMISSIONER INLAND REVENUE, CORPORATE ZONE, REGIONAL TAX OFFICE, FAISALABAD VS NIAGRA MILLS (PVT.) LTD. Ss.115(4), 122(5a), 133(1)---altering/amending assessment order---Commissioner income tax---Jurisdiction---Validity---assessment order based on statement of income furnished under S.115(4) of Income Tax Ordinance, 2001, could be altered / amended by Commissioner under S. 122 of Income Tax Ordinance, 2001---Such exercise of jurisdiction under S.122 of Income Tax Ordinance, 2001, could not be construed to offend protections and privileges otherwise extended to income, subject to final tax under the provisions of Income Tax Ordinance, 2001---Decision of appellate Tribunal Inland Revenue to deny jurisdiction otherwise conferred on Commissioner under S.122 of Income Tax Ordinance, with respect to ascertainment of identity / character of income was illegal and contrary to mandate of the provisions under reference--- Proceedings under S.122 (5a) of Income Tax Ordinance, 2001, could not be initiated against taxpayer which furnished assessment by way of statement under S.115(4) of Income Tax Ordinance, 2001---High Court set aside judgment passed by appellate Tribunal Inland Revenue and matter was remanded for decision afresh by the Tribunal---Reference was allowed, in circumstances.

Other judgments reported in 2022 PTD

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