| Case ID |
209ca594-d3f8-4293-a747-75d6150f7b00 |
| Body |
View case body. Login to View |
| Case Number |
I.T.A. Nos. 181 to 185/KB of 2011, I.T.A. Nos. 893 |
| Decision Date |
Feb 06, 2016 |
| Hearing Date |
Dec 17, 2015 |
| Decision |
The tribunal ruled on the applicability of section 122(5A) of the Income Tax Ordinance, 2001, emphasizing that the Commissioner can only invoke this provision if there is an evident error of law or loss of revenue. The court found that the inquiries conducted by the tax officer were invalid as they did not meet the twin mandatory conditions required for invoking section 122(5A). The tribunal highlighted that both section 122(5A) and section 66A of the repealed Income Tax Ordinance, 1979 are para materia, meaning they serve similar purposes with minimal differences. The tribunal concluded that the notices issued lacked substance and were merely fishing expeditions. Therefore, the proceedings initiated under section 122(5A) were deemed impermissible without the requisite conditions being satisfied. |
| Summary |
This case concerns the interpretation and application of section 122(5A) of the Income Tax Ordinance, 2001, which allows the tax authorities to amend assessments under certain conditions. The Income Tax Appellate Tribunal in Karachi addressed the validity of inquiries conducted by the tax department against the appellants, focusing on whether such inquiries met the legal requirements for invoking section 122(5A). The tribunal examined various provisions of the Income Tax Ordinance and related laws, affirming that the tax officer must demonstrate an error of law or a loss of revenue to justify such actions. The tribunal ultimately ruled that the inquiries were not valid, highlighting the need for clarity and adherence to legal standards in tax assessments. Keywords such as 'Income Tax Ordinance', 'tax assessments', 'legal standards', and 'amendment of assessments' are essential for SEO optimization and to enhance the visibility of this case summary in legal discussions and searches. |
| Court |
Income Tax Appellate Tribunal, Karachi
|
| Entities Involved |
Not available
|
| Judges |
Nazir Ahmad,
Muhammad Waseem,
Mrs. Ambreen Aslam,
Ahmed Saeed,
Dr. Manzoor Ahmad
|
| Lawyers |
Mohammad Shabbar Zaidi, FCA,
Asim Zulfiqar, FCA,
Muhammad Arshad, FCA,
Amjad Javed Hashmi, D.R.,
Dr. Farrukh Ansari, CIR, LTV
|
| Petitioners |
Not available
|
| Respondents |
Not available
|
| Citations |
2016 SLD 1072 = (2016) 113 TAX 53
|
| Other Citations |
2015 PTD 2824 Lahore High Court,
2015 PTD 1639 Islamabad High Court,
(2014) 109 TAX 85 (Mb.),
2014 110 Tax 242 (Trib.),
2014 PTD (Trib.) 1629,
2012 PTD (Trib.) 1739,
(2012) 106 TAX 158 (Trib.),
(2009) 100 TAX 390 (Trib.),
(2004) 89 TAX 252 (H.C. Kar.),
ITA No.193 of 1998 Lahore High Court dated 31-01-2012,
1999 PTD (Trib.) 2851,
1999 PTD (Trib.) 7000,
1999 PTD (trib.) 3229,
ITA No.449/KB of 1999-2000 ITAT dated 24-12-1999,
2008 PTR 184,
1995 PTD 413,
(1992) 65 TAX 254 (S.C. Pak.),
1985 PTD 413,
(1998) 77 Tax 232 (Trib.),
(2000) PTD (Trib.) 2628,
Elahi Cotton Mills cited at (1997) 76 Tax 5 = 1997 PTD 1555,
2012 PTD 1055 (Trib.),
2011 PTR 222 ITA No. 625/113/2010,
2012 PTE 124 (Trib.),
M/s. EFU General Insurance Company cited at (2011) 104 TAX 313 (H.C. Ear.)
|
| Laws Involved |
Income Tax Ordinance, 2001,
Income Tax Rules, 2002,
Income Tax Act, 1922,
Income Tax Ordinance, 1979
|
| Sections |
66A,
122,
122(5A),
67,
120,
122(5),
21(c),
21(l),
122(1)(5),
65,
161,
114,
22,
37,
59A,
177,
20,
22(12),
59,
151,
129,
76,
61,
136,
32,
34(3),
23,
137,
134,
13,
71,
29,
21(m),
29A,
31,
38(2),
74(4),
75,
77,
78,
120(1)(a)(b),
158(a),
158(b),
32,
17(1)(a),
23(1)(x)
|