| Case ID |
0a4d4ff8-5c73-47d7-85a7-cb70f98409c3 |
| Body |
View case body. Login to View |
| Case Number |
C.T.R. No.322 of 1991 |
| Decision Date |
Feb 07, 2001 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that section 66-A of the Income Tax Ordinance, 1979 is not procedural in nature and therefore cannot have retrospective effect on completed assessments prior to its enactment. The court emphasized that the interpretation provided by the Central Board of Revenue in Circular No.1(48)/II/1/79 dated 17-2-1981 aligns with legal standards. The court distinguished the case from CIT v. Naseem Allahwala and referenced earlier judgments to assert that assessments finalized before July 1, 1979, should be treated under the repealed Income Tax Act, 1922. |
| Summary |
The Lahore High Court case C.T.R. No.322 of 1991 revolves around the interpretation of section 66-A of the Income Tax Ordinance, 1979. The court addressed whether this section has retrospective application on assessment proceedings prior to its introduction. The ruling clarified that the section is not procedural and cannot retroactively affect completed assessments. The decision emphasized the importance of adhering to earlier legal provisions and interpretations, particularly in relation to the Income Tax Act, 1922. This case serves as a precedent for future tax-related disputes, particularly concerning the applicability of new laws on past assessments. Key terms such as 'Income Tax Ordinance', 'retrospective application', and 'assessment proceedings' are trending legal keywords pertinent to tax law, making this case significant for legal scholars and practitioners. |
| Court |
Lahore High Court
|
| Entities Involved |
Income Tax Appellate Tribunal,
Central Board of Revenue,
Monnoo Industries Ltd.
|
| Judges |
NASIM SIKANDAR,
JAWWAD S. KHAWAJA
|
| Lawyers |
Muhammad Iqbal Khawaja,
Shafqat Mehmood Chohan
|
| Petitioners |
Messrs MONNOO INDUSTRIES LTD.
|
| Respondents |
THE COMMISSIONER OF Income Tax CENTRAL ZONE, LAHORE
|
| Citations |
2001 SLD 262,
2001 PTD 1525,
(2001) 84 TAX 86
|
| Other Citations |
1991 PTD 843,
1993 PTD 1232,
PLD 1969 SC 187
|
| Laws Involved |
Income Tax Ordinance, 1979,
Income Tax Rules, 1922
|
| Sections |
66,
66A,
66A(2)(a),
166,
166(2)(a),
23,
23(3)
|