Pakistan Case Lawโ† Search
2001 PTD 2300

C.I.T., ZONE-B, LAHROE vs Messrs NIAMAT & BROTHERS, SHAHKOT

Citation2001 PTD 2300
CourtLahore High Court
Case No.C.T.R. No.107 of 1993
Date2001-02-12
Judge(s)Jawwad S. Khawaja, Nasim Sikandar
ResultOrder accordingly

ORDER

NASIM SIKANDAR, J.---This is a case stated by the Lahore Bench of the Income-tax Appellate Tribunal. The following question of law has framed for our considered and opinion:--- "Whether an assessm ent which had become time-barred under the repealed Income-tax Act before coming into force of the Income Tax Ordinance, 1979 can be reopened under section 65 of the Income Tax Ordinance?"

2. After hearing the learned counsel for the Revenue, we are of the view that he has not been able to make out a case. The view of the Tribunal with regard to invocation of provisions of section 65 of the Income Tax Ordinance, 1979 where an assessment had become barred by time under the repealed Act, 1922 has recently been considered by us in C.T.R. No.329 of 1991 re: Iqbal Poultary Farm v. CIT. In that case the Tribunal held that an Assessing Officer could not re-open an assessment which was barred by limitation under the provisions of section 34 of the late Income-tax Act, 1922.

3. For the reasons recorded in that opinion while maintaining the view adopted by the Tribunal we will hold that an assessm ent which had become barred by time under the repealed Income-tax Act, 1922 could not be reopened under section 65 of the Ordinance.

4. Answered accordingly. . revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch