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COMMISSIONER INLAND REVENUE, LAHORE vs MILLAT TRACTORS LIMITED, LAHORE Ss — 2024 PTD 483 SUPREME-COURT

Case information

Citation
2024 PTD 483 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
PTD
Parties
COMMISSIONER INLAND REVENUE, LAHORE vs MILLAT TRACTORS LIMITED, LAHORE Ss
Subject matter
Tax & Customs
Provisions referred to
Finance Act; 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, LAHORE VS MILLAT TRACTORS LIMITED, LAHORE Ss. 111 & 122 (as it existed prior to amendment by the Finance Act, 2020)---Unexplained income or assets---Amendment of an assessment---Notices issued under Sections 111 & 122(9) of the Income Tax Ordinance, 2001 ("Ordinance")---Whether a separate notice is required under Section 111 of the Ordinance or whether a notice under Section 122(9) is enough to initiate proceedings for amendment of the assessment on the grounds mentioned in Section 111 of the Ordinance---Held, that the proceedings under Sections 111 & 122 of the Income Tax Ordinance, 2001 ("Ordinance") are different and distinguishable in nature and cannot be subsumed---Before an assessment can be amended under Section 122 on the basis of Section 111, the proceedings under Section 111(1) are to be initiated, the taxpayer is to be confronted with the information and the grounds applicable under Section 111(1) through a separate notice under the said provision, and then the proceedings are to be culminated through an appropriate order in the shape of an opinion of the Commissioner---This then becomes definite information for the purposes of Section 122(5), provided the grounds mentioned in Section 122(5) are applicable---The taxpayer is then to be confronted with these grounds through a notice under Section 122(9) and only then can an assessment be amended under Section 122.

Other judgments reported in 2024 PTD

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