RELIANCE PETROCHEM INDUSTRIES (PVT.) LTD. vs FEDERATION OF PAKISTAN through Secretary Revenue, Ex-Officio Chai

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RELIANCE PETROCHEM INDUSTRIES (PVT.) LTD. VS FEDERATION OF PAKISTAN through Secretary Revenue, Ex-Officio Chairman, FBR S.122---amendment of assessment---Opinion already formed---Scope---Taxpayer company was aggrieved of show-cause notice issued by authorities reopening of its case for amendment of assessment--- Plea raised by taxpayer was that assessing authority could not change his opinion already formed in earlier assessment--- Validity--- Dilating on issues on which assessing authority had already formed opinion and deliberated upon constituted change of opinion but in cases where issues were neither deliberated upon, nor any opinion was found by assessing authority, such matter did not fall under the ambit of change of opinion, simply on the ground that there was neither any opinion nor any deliberation on such matter---assessing authority was fully authorized under the law to reopen an assessment, amend, further amend, as the case could be, looking to the circumstances of that matter if chargeable tax as escaped assessment, assessed at low rate or was subject to excessive relief or refund or was misclassified and other factors as given under S.122 of Income Tax Ordinance, 2001---Show-cause notice issued by authorities was not barred by law and was not abuse of process of law nor was of change of opinion---High Court directed taxpayer to appear before concerned tax authorities by filing proper reply in respect of all query's raised in notice issued to it---High Court directed the authorities to consider reply of taxpayer along with documents attached, If any, and thereafter decide the matter in accordance with law, after providing opportunity of hearing to taxpayer---High Court declined to interfere in show-cause notice issued---Constitutional petition was disposed of accordingly. Citation Name: 2023 PTD 186 KARACHI-HIGH-COURT-SINDHBookmark this Case RELIANCE PETROCHEM INDUSTRIES (PVT.) LTD. VS FEDERATION OF PAKISTAN through Secretary Revenue, Ex-Officio Chairman, FBR S.122---amendment of assessment---Seeking information from assesse---Scope---In case, if assessing authority comes across any information or needs any information from taxpayer, the authority can ask taxpayer to clarify those aspects, whether during the course of assessment or after completion of assessment as the case may be subject to fulfillment of conditions as prescribed under S.122 of Income Tax Ordinance, 2001.

RELIANCE PETROCHEM INDUSTRIES (PVT.) LTD. vs FEDERATION OF PAKISTAN through Secretary Revenue, Ex-Officio Chairman, FBR S — 2023 PTD 186 KARACHI-HIGH-COURT-SINDH

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